Dean Guitars claims to have overturned Gibson Flying V trademark verdict on appeal
This is a breaking news story and may be updated as more information becomes available
Dean Guitars claims it has scored what could be an important victory in its long-running trademark and counterfeiting legal dispute with Gibson – by overturning the original verdict on appeal, and securing a new trial.
READ MORE: A brief history of Dean Guitars
In a press release sent out to the media today, Dean claimed that it has convinced the United States Court of Appeals for the Fifth Circuit to overturn the damaging verdict that was originally handed down in May 2022.
In that original case, the jury found that Dean had infringed on Gibson’s body shape trademarks for the Flying V, Explorer and SG, as well as separate trademarks for the Dove Wing headstock and the Hummingbird acoustic guitar. The jury also found that Dean marketed counterfeits of the Flying V, Explorer and SG body shapes, and the Gibson Hummingbird.
Dean launched its appeal against the ruling in August 2022, and now it appears that the brand’s has been successful in convincing the Court of Appeals that the original verdict should be overturned, and the case should be re-tried.
“We are incredibly pleased with the court’s decision,” said Pam Rubinson, CEO of Dean parent company Armadillo Enterprises in a statement. “This court’s ruling affirms our commitment to Dean’s legacy V and Z models that have been in continuous production since 1977 and reinforces our belief in fair competition within the guitar industry.”
Armadillo’s attorney, Ron Bienstock, of Scarinci Hollenbeck LLC added, “Amongst other issues, the court recognized the history of the Dean brand in their longstanding use of these guitar models, as well as countless other guitar companies that have produced and marketed these same guitars.”
The case has been a high-profile one in the guitar world since Guitar.com first reported that Gibson was suing Dean back in June 2019, and even in the years since the verdict has not been without incident.
In 2022 Gibson accused Dean of contempt of court after then-CEO Evan Rubinson told Guitar.com that the company would not cease producing its Z and V guitars in defiance of the jury verdict, and while that claim was rejected, the company was found in civil contempt for continuing to advertise infringing guitars.
Guitar.com has reached out to Gibson Inc for comment.
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Source: www.guitar-bass.net
