On June 9, Dean Guitars issued a press release claiming a “Sweeping Win” in its appeal against Gibson Brands. Later that same day, Gibson posted its own release with a contrasting view on the recent U.S. Cour of Appeals decision.
Dean Guitars‘ release is as follows:
Dean Guitars is proud to announce a significant legal victory in its long-standing trademark dispute with Gibson Brands, Inc. The U.S. Court of Appeals in the 5th circuit has ruled in favor of Dean Guitars by granting a full reversal and a new trial- vindicating the company’s position that its longstanding use of certain guitar models does not infringe on Gibson’s trademarks. The court held that evidence of countless other companies making these guitar models must be allowed to be shown in court.
“We are incredibly pleased with the court’s decision,” said Pam Rubinson, CEO of Dean parent company Armadillo Enterprises. “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”.
Ron Bienstock, of Scarinci Hollenbeck LLC, attorney for Armadillo, 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.”
Gibson‘s own release is below:
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.
