“It is clear that lawsuits like this in the guitar industry are just not worth the time and expense”: Dean owner issues response to court loss over Gibson trademark verdict

Dean has responded to a federal jury’s decision to back Gibson in its copyright infringement battle against the Razorback luthier, branding it a “complex verdict”.

The two firms have regularly locked legal horns in recent years after Gibson filed a lawsuit against Armadillo Enterprises , the owner of Dean Guitars in 2019. It claimed that Dean's use of Flying V, Explorer, and SG guitar shapes infringed upon its copyright.

Gibson won the first trial in 2022, which prevented Dean from building guitars with those silhouettes. It called the verdict “a win for Gibson fans, [and] for all of the iconic American brands that have invested in meaningful innovation,” as it fights against counterfeit guitars.

A separate lawsuit followed Dean in 2023 as mounting debts left the firm’s future hanging in the balance. Yet it pushed on, launching a new wave of Explorer-style guitars in late '23 with the not-so-subtle tagline of “zero f**ks given,” and successfully won the right to a retrial in its case with Gibson in July last year.

Much of the Dean owner’s defence hinged upon it successfully arguing that the body and headstock shapes Gibson claims it owns should be deemed generic.

The retrial, however, has ruled in Gibson’s favor once more, upholding its trademarks. As was the case three years ago, it is also set to receive a financial sum for damages., though that has once again been set at a token $1.

Now the Dean owner has issued a short statement in response to the verdict, noting that the jury found in its favor on the ES-335 shape and Evolution headstock.

“Today’s decision in our trial with Gibson is a complex jury verdict,” it says. “We are reviewing all of our options. We are pleased that the jury found that our Evolution headstock does not infringe on the Gibson Dovewing headstock and that the ES-335 body shape is generic.

“With the award of just one dollar in damages it is clear that lawsuits like this in the guitar industry are just not worth the time and expense – we hope that in moving forward parties will be able to work out their differences in a more efficient manner.”

Gibson’s own statement notes “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,” and underlined that it was turning its focus to the future.

Historically, Gibson has guarded its intellectual property fiercely, with PRS and Trump Guitars both on the receiving end of moves from Gibson's legal team.

Last year a staggering $18 million of fake Gibson guitars were seized by US Border Protection officers: the biggest bust of its kind on record.