“This is a complete vindication”: Dean Guitars maker has won the right to a retrial in Gibson trademark dispute – but what does that really mean?

Dean Guitars owner Armadillo Enterprises has won the right to a retrial in its ongoing trademark dispute with Gibson Brands.

The dispute refers to Dean’s use of the V and Z shapes, alongside the Dovewing headstock (and several other marks), which Gibson argues infringe on its trademark rights.

Gibson won the initial trial in 2022. However, Armadillo appealed the decision earlier this year, arguing that the Texas District Court’s ruling to exclude certain evidence of the generic nature of Gibson shapes – specifically evidence that originated before 1992 – was an abuse of the court’s discretion.

That ruling by the Texas court meant that in the initial trial, Armadillo was left trying to argue that Flying V and Explorer-style designs – first introduced by Gibson in the late-’50s and much copied since – had become generic in the eyes of consumers, but could only use evidence from 1992 onwards to do so.

On July 8, the 5th Circuit Court of Appeals ruled that decades of evidence pre-dating that period and relating to other guitar brands should indeed have been permitted – and that Armadillo is subsequently entitled to a retrial.

“We are incredibly pleased with the court’s decision,” said Armadillo Enterprises CEO, Pam Rubinson.

“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.

“We have always strived to respect the history of guitar craftsmanship while bringing our own unique flair to the market. This is a complete vindication, we have fought this battle and won on our behalf of Dean Guitars and every other guitar manufacturer in the industry”.

Meanwhile, Armadillo’s attorney Ron Bienstock, of Scarinci Hollenbeck LLC – who, notably, previously fought and won a dispute with Fender regarding the genericness of Strat, Tele and P-Bass body shapes – stated:

“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.”

While the ruling is undoubtedly welcome news for the Dean producer, it should be noted that the new decision does not reverse the 2022 injunction preventing it from using the disputed shapes.

Instead, it offers Armadillo’s team the chance to make their case again, albeit with more evidence at their disposal.

Gibson, meanwhile, also remains bullish on its prospects. The firm says it plans to appeal the latest decision and has promised that, if necessary, it will vigorously defend its trademarks at the retrial.

A statement provided by Gibson, reads as follows:

“Yesterday, a 3-judge panel of the 5th Circuit Court of Appeals remanded the Gibson v Armadillo case for retrial. The Court of Appeals found that the District court allegedly abused its discretion in excluding certain evidence. Gibson will be requesting all the appellate judges reconsider the panel decision. Gibson is confident that the Texas Judge and jury got it right the first time.

“Gibson’s guitar body shapes are iconic, and it will continue to protect them to preserve its legacy which is critical to protect partners, dealers, artists and fans around the world.

“Gibson, like other iconic American brands, has invested in meaningful research, development and innovation over 130 years, and is confident that in a retrial the jury will again find in favor of affirming Gibson’s well recognized intellectual property rights, rights that have been Gibson’s for decades.”

The documents relating to the appeal can be found using the court of appeals docket number 22-40587.