Dean Guilty of Infringement and Trademark Infringement in Gibson Flying V Case | Guitare.com
A jury found Dean guilty of both trademark infringement and infringement of Gibson’s body shapes, in an apparent victory for Gibson in the two companies’ legal battle.
The decision filed today (May 27) comes at the end of a two-week trial in which hundreds of pieces of evidence were admitted and several notable witnesses spoke or contributed by deposition.
The jury found that Dean infringed 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. Dean was not found guilty of infringing on Gibson’s standalone trademark for the Flying V.
The jury also found that Dean marketed counterfeits of the Flying V, Explorer and SG body shapes, and the Gibson Hummingbird. He is not guilty of marketing a counterfeit Dove Wing doll shape.
Although these decisions were a victory for Gibson, the jury found that Gibson was slow to
asserting its trademark right to the Flying V and Explorer body shapes, and the Dove Wing doll shape. In all of these cases, it was found to have “caused undue hardship” to both Dean and his investment partner Concordia.
Importantly, it was ruled that Gibson owed $4,000 in “statutory damages for infringement per trademark infringed per type of goods sold, [or] for sale. »
None of Gibson’s trademarks were found to be generic enough to warrant cancellation, and so in the US at least Gibson retains the trademarks for the Flying V body shape, Explorer body shape, ES body shape and the SG body shape.
Gibson issued a press release regarding the decision, expressing satisfaction with the outcome. “The court’s decision by the jury today to uphold Gibson’s long-established and well-recognized trademarks for innovative and iconic Gibson guitar shapes is a victory for Gibson and the music community as a whole” , he says. “The court found that the Gibson marks are valid, that the Gibson shapes are not generic, and that the defendants were guilty of both infringement and counterfeiting. Gibson is very pleased with the result after years of simply trying to protect its brand and company through well-recognized intellectual property rights, rights that have belonged to Gibson for decades.
“Gibson’s guitar shapes are iconic and are now firmly protected for past, present and future. From a broader perspective, this court ruling is also a victory for fans, artists, dealers and partners. associates of Gibson who expect and deserve authenticity. Not to mention all of the iconic American brands who have invested in meaningful innovation and continued protection, only to see it diluted with unauthorized and often illegitimate knockoffs. Gibson can now focus its attention on continuing to exploit its iconic past and investing in future innovation with confidence.
Guitare.com contacted Dean for comment.
This is a developing story.