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. .
However, , 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.
