July 15, 2024 I Legal
PRS, Ted McCarty Family Drop ‘Theodore’ Trademark Dispute with Gibson
Ted McCarty's sole surviving child, Sue Davis (left), with PRS Guitars' founder Paul Reed Smith.
PRS Guitars has announced it has withdrawn its objection to Gibson’s registration of the “Theodore” trademark. PRS continues to hold dear and protect its long-standing agreement with Ted McCarty and the McCarty family regarding the exclusive rights to the “McCarty” trademark and to McCarty’s name and persona, first developed directly with Ted himself more than 25 years ago. PRS concluded that in this instance its resources were better spent on crafting high-quality musical instruments rather than fighting with Gibson at a regulatory agency. After a series of private negotiations, Gibson has also agreed to drop its opposition to PRS’s “594” and “Silver Sky Nebula” trademarks and trademark applications.
“We believe the story of Ted and PRS is well understood in the guitar community. Ted personally chose to align with PRS and had a deep respect and appreciation for Paul and our mission to build quality guitars. We honor the man and the relationship we had with him and the relationship we have with his family to this day,” said Jack Higginbotham, PRS Guitars’ COO. “While this agreement may not preclude Gibson from releasing future products under the “Theodore” trademark, PRS will focus on honoring Ted McCarty with innovations and instruments that reflect positively on his legacy.”
Sue Davis, the sole surviving child of Ted McCarty and family member responsible for the interests of the family on this matter, offers her view on Gibson’s adoption of the “Theodore” mark:
“Our decision not to fight an expensive battle does not mean that the McCarty family appreciates Gibson’s conduct. No one from Gibson ever contacted me or any of my family to ask permission to use my father’s given name in promoting new Gibson products. Had Gibson sought our permission, we would have declined for several reasons. After the Theodore trademark was registered, the McCarty family joined PRS in seeking to cancel the trademark and asking Gibson to stop using the trademark “Theodore” in association with my father. I would strongly prefer that Gibson respect the family’s wishes and stop using my father’s name as a trademark in promoting products— products that to my knowledge he never approved of for production. Meanwhile, we look forward to continuing the relationship with PRS and its well-regarded McCarty branded products.”
PRS has been working on a documentary video to commemorate the relationship it has enjoyed with Ted and his family and plans to release that video this fall as a kick-off to PRS’s upcoming 40th anniversary. Much like this blog post from 2023, the documentary video aims to celebrate one of the guitar industry’s great stories of mentorship by Ted McCarty and how Paul Reed Smith continues that tradition of teaching today at PRS Guitars.
Gibson has responded by saying “the estate nor PRS has any rights to the trademark Theodore. They have never filed for protection of this mark and do not own a registration. Gibson reached out to the estate to collaborate when they showed an interest in the Gibson Theodore trademark.”
