Gibson Wins a Second Ruling in Trademark Case vs. Dean Guitars

A second jury has found Dean Guitars guilty of trademark infringement of Gibson’s guitar designs. But the verdict is not a slam dunk for Gibson.

Dean Guitars’ parent company Armadillo was found guilty of trademark infringement and counterfeiting of Gibson’s designs in a second jury trial after Armadillo appealed the first ruling. But the verdict isn’t all sunshine and roses for Gibson; the jury found that Gibson’s trademark for its ES body shape is generic and should be cancelled.

The second jury ruling finds that Armadillo intentionally infringed on Gibson’s V, Explorer, and SG body shape trademarks, and their Hummingbird wordmark. Interestingly, the first jury in 2022 found that Armadillo infringed on the Dove Wing headstock but not the Flying V wordmark. Now, it’s the opposite: Armadillo has not infringed on the Dove Wing headstock, but has infringed on the Flying V wordmark.

Armadillo has further been found guilty of selling or marketing counterfeits of Gibson’s Flying V, Explorer, and SG body shapes, as well as the Flying V and Hummingbird wordmarks. However, the jury also declared that for all the infringed-upon work, Gibson should have come forward in accusing Armadillo of copyright infringement much sooner. The fact they did not creates “undue prejudice” to Armadillo.

For instance, the jury decision finds that Gibson should have known Dean Guitars was selling product using its Explorer and Flying V marks as early as 1976 and 1977—the first two years of the company’s existence. That ultimately means Dean will owe Gibson very little in the long run.

But Gibson says it was never about the money. “This case was about protecting Gibson’s legacy of innovation and its intellectual property,” the company said in a statement. “It was about protecting American innovation and music evolution. We are incredibly pleased with the court’s second decision in our favor, including finding the defendants guilty and not only of trademark infringement but also of counterfeiting.”

“The jury’s decision reinforces the validity and strength of Gibson’s intellectual property rights, confirming that its guitar shapes, including the Flying V, Explorer, and SG, remain protected trademarks,” Gibson continued.

The judgement for the recent verdict is yet to be determined. In 2022, Dean’s marketing and sale of all infringing product was ordered to cease, in addition to owing $4,000 in damages. Armadillo was also ordered to pay $160,000 in Gibson’s legal fees.