After winning a multimillion-dollar lawsuit against Dean Guitars in May, Gibson won another victory against Dean’s parent company, Armadillo.
By order of a court injunction, Dean may no longer manufacture, advertise and/or sell guitars that infringe Gibson’s ES, SG, Flying V and Explorer trademarks, and its Hummingbird wordmark.
Accordingly, Dean must cease production and marketing of its Luna Athena 501, Gran Sport, V and Z models, and all guitars using or advertised with the word “Hummingbird”.
“Gibson is once again very pleased with the result after years of simply trying to protect [its] brand and business through well-recognized intellectual property rights, rights that have belonged to Gibson for decades,” the guitar giant says in a new press release.
“Gibson’s guitar shapes are iconic and are now firmly protected for the past, present and future. From a broader perspective, this court ruling is also a victory for fans, artists and dealers. from Gibson.
“Not to mention all of the iconic American brands that 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 build on its iconic past and invest in future innovation with confidence.
According to Guitar.com (opens in a new tab)Not only must Dean cease production of the aforementioned models, but Armadillo and its investment partner, Concordia, may also be required to pay Gibson more than $330,000 in legal fees.
This significantly changes the financial burden placed on Armadillo following the initial ruling in May, in which it was found guilty of infringement and trademark infringement, with Gibson only awarded $4,000 in damages.
The new ruling banning the production and marketing of specific models appears to be a different outcome than Dean’s outgoing CEO and chairman, Evan Rubinson, was hoping for.
Spinning May’s decision in Dean’s favor, Rubinson praised his company’s “vindication,” writing, “We are thrilled that a Texas jury vindicated Armadillo by ruling for Armadillo on its defense of Gibson’s trademark claims on our Dean V guitar, Dean Z guitar, and Evo headstock.
He also told Guitar.com (opens in a new tab) in June: “We do not intend to abandon the Dean V and Z guitars, nor the Dean Evo headstock design, as the jury found no trademark liability on any of these.”