“The jury’s decision reinforces the validity and strength of Gibson’s intellectual property rights”: Gibson emerges victorious in copyright infringement retrial battle with Dean

A Gibson Flying V (left) and a Dean Schenker Brothers V
A Gibson Flying V (left) and a Dean Schenker Brothers V (Image credit: Joby Sessions / Future)

A federal jury has for a second time sided with Gibson Brands in its years-long trademark battle with Armadillo Enterprises, the owner of Dean Guitars.

Initiated in 2019, when Gibson sued Armadillo for trademark infringement, the battle centered around the former brand's argument that Dean had violated the trademarks for, to name the most prominent examples, its proprietary Flying V, Explorer, and SG designs.

Dean, meanwhile, argued that in the minds of the guitar-buying public, those shapes had become generic.

Gibson emerged victorious in May 2022, with a Texas federal jury deeming the shapes in question to indeed be Gibson's, but last July, Dean won the right to a retrial in the case, arguing successfully to the Texas 5th Circuit Court of Appeals that certain key evidence in its favor had been excluded in the original trial.

The retrial, however, has led to the same result, with Gibson's trademarks being upheld, and – as was the case three years ago – the company receiving a token sum for damages.

Joe Bonamassa's ‘Donny J’ 1958 Gibson Flying V

(Image credit: Future / Olly Curtis)

In a statement shared with Guitar World, Gibson said, “Gibson has secured another major legal victory in its ongoing commitment to protecting its iconic designs.

“In the retrial of Gibson v. Armadillo Enterprises (Dean Guitars), a Texas federal jury has once again upheld Gibson’s exclusive rights to its legendary guitar shapes and trademarks, in recognition of the harm caused by Dean’s infringement.

“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,” the statement continued.

“Gibson is turning its focus to the future, continuing to invest in innovation, craftsmanship, and the next generation of groundbreaking guitars.”

Guitar World has reached out to Dean Guitars for comment.

Jackson Maxwell

Jackson is an Associate Editor at GuitarWorld.com. He’s been writing and editing stories about new gear, technique and guitar-driven music both old and new since 2014, and has also written extensively on the same topics for Guitar Player. Elsewhere, his album reviews and essays have appeared in Louder and Unrecorded. Though open to music of all kinds, his greatest love has always been indie, and everything that falls under its massive umbrella. To that end, you can find him on Twitter crowing about whatever great new guitar band you need to drop everything to hear right now.

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