Gibson Smote >>> Dean Guitars...

[Amp Mad Scientist]

"...Now, the United States District Court for the Eastern District of Texas' Sherman Division has finally returned with its verdict on both cases. The jury concludes that Dean had indeed infringed on Gibson's trademarks for the Flying V, Explorer, ES, and SG body shapes, the Hummingbird, and the Dove Wing headstock design.

Furthermore, the jury found that Dean had willfully sold what legally constituted counterfeits of the Hummingbird, and of the Flying V, Explorer, and SG body shapes, and that – in regards to the countersuit – Gibson had not interfered with Armadillo’s own business, and owes no money to the company.

In what might be the most notable part of the verdict, the court also ruled that none of the Gibson trademark registrations in question are "generic," nor should they be cancelled, as Armadillo called for in its countersuit.

In one small victory for Armadillo though, the court ruled that Gibson had not suffered any financial damage as a result of the infringements, and that Armadillo owed only $4,000 in restitution to Gibson, rather than the $7 million the latter company called for in its original suit."

 

[syscokid]

In one small victory for Armadillo though, the court ruled that Gibson had not suffered any financial damage as a result of the infringements, and that Armadillo owed only $4,000 in restitution to Gibson, rather than the $7 million the latter company called for in its original suit."

I think this ruling was fair and hopefully "trademark infringements" become a bit more clear to all businesses. Gibson should donate the $4000-restitution payout to a charity of choice of Dean's preference. Then, Gibson and Dean need to have a kumbaya, break out the bong, and discuss what's right for the industry...

 

[Amp Mad Scientist]

imho Gibson "should" claim ownership of original trade shapes.
Les Paul is not exactly a Gibson original trade shape, but flying V definitely is.

 

[eclecticsynergy]

There's no question the body shapes are Gibson's designs. Whether or not they've protected them continuously and diligently is literally a judgement call based on technical considerations.

Still, I don't think any Deans in those shapes could reasonably be considered counterfeit. There's no way they could be mistaken for Gibsons. Don't think I ever saw any Deans with Gibson's open book headstock, either. Maybe decades ago?

To me the settlement seems reasonable. Dean quits using those body shapes, gets a slap on the wrist, and doesn't have to pay millions in penalties - or Gibson's legal fees. And Gibson's claim to ownership of the body designs is reaffirmed.

 

[Amp Mad Scientist]

There's no question the body shapes are Gibson's designs. Whether or not they've protected them continuously and diligently is literally a judgement call based on technical considerations.

Still, I don't think any Deans in those shapes could reasonably be considered counterfeit. There's no way they could be mistaken for Gibsons. Don't think I ever saw any Deans with Gibson's open book headstock, either. Maybe decades ago?

To me the settlement seems reasonable. Dean quits using those body shapes, gets a slap on the wrist, and doesn't have to pay millions in penalties - or Gibson's legal fees. And Gibson's claim to ownership of the body designs is reaffirmed.

I think the next hatch mark is where people realize that:
Mesa Boogie is a copy of Marshall, Fender and Dumble...that there is no original "invention" or "discovery."

Ironically a brand now owned by Gibson.
But I see this as a very similar question, worthy of exposure to the light of day.
If I was Fender, I would have already thrown the gauntlet.

 

[iblive]

Computer industry saw sorta the same stuff. Apple licensed….. copyrighted….. patented…. And protected every aspect of their computer. IBM dropped the ball and didn’t do that with the PC. In the end, any nerd with a soldering iron could build their own PC at home and market it for sale and there wasn’t a darn thing IBM could do about it.

Saw same thing in the AG industry. Small private company in Iowa started building planters. Small scale. They built the frames and purchased planter units from John Deere. Along the way…. Small Iowa company reverse engineered said planter units and started building their own. Made them better than Deere’s. Starting cutting into Deeres sales. Deere sued. Cease and desist. Judge said nope. Verdict came down that Deere screwed up when they sold to the small company in the beginning. Since they went down that road, live with it.