GIBSON Sues FUNKO Over Unauthorized Use Of Guitar Designs In its toys
From: http://www.blabbermouth.n...-guns-n-roses-figures/GIBSON Sues FUNKO Over Unauthorized Use Of Guitar Designs In METALLICA, KISS, GUNS N' ROSES FiguresDecember 28, 2017
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According to
Law360, guitar maker
Gibson has filed a lawsuit against
Funko, the manufacturer of the popular vinyl toy line
Funko POP, claiming that some of its guitar designs were used without permission.
The suit, which was filed late last week in California federal court, alleges "repeated" unauthorized use of its company's guitar designs in
Funko figures, including those based on the likenesses
Slash (GUNS N' ROSES),
Ace Frehley (KISS),
Paul Stanley (KISS),
Kirk Hammett (METALLICA) and
James Hetfield (METALLICA).
Gibson, which has trademarked the shapes of a number of guitars, claims to have contacted
Funko in October with an offer of entering into a retroactive licensing agreement, but those discussions were unsuccessful.
Gibson wrote in the complaint: "The misuse of the
Gibson trademarks by
Funko was intended to cause, has caused, and is likely to continue to cause, consumer confusion, mistake or deception including the misleading of consumers into mistakenly believing that the defendant's unauthorized products are made directly by
Gibson pursuant to
Gibson's strict quality control standards or
Gibson has authorized or licensed the use by Funko of the
Gibson trademarks for those products."
Headquartered in Everett, Washington,
Funko is a leading pop culture consumer products company.
Funko designs, sources and distributes licensed pop culture products across multiple categories, including vinyl figures, action toys, plush, apparel, housewares and accessories for consumers who seek tangible ways to connect with their favorite pop culture brands and characters.
Funko is the brainchild of
Brian Mariotti, who bought the company with an investor group in 2005. It is is part-owned by private-equity firm
Acon Investments.