The long-running trade mark infringement battle between Gibson Brands, Inc. vs. Armadillo Distribution Enterprises, Inc. (parent company of Dean Guitars). The dispute has centred around Gibson's "Flying V", "Explorer", "ES" and "SG" body shape trade marks as well as the "Dove Wing Headstock" and a number of word marks. Gibson has a number of trade marks for the shape of some of its iconic guitars and has alleged that Dean has infringed those trade marks over a significant period of time. Some samples of the shape trade marks are shown below.
*Image credit: Author
Gibson was successful in the first case, which Dean appealed.
Second jury verdict
A second jury found Dean Guitars guilty of trade mark infringement and counterfeiting Gibson's V, Explorer, and SG body shapes, as well as the Hummingbird wordmark. However, the jury also ruled that Gibson's trade mark for its ES body shape is generic and should be cancelled. Anyone familiar with AC/DC's Angus Young (typically dressed as a schoolboy) has seen this guitar.
Gibson was heavily criticised for not acting sooner. The fact that they did not create "undue prejudice" to Dean, who has been using the Explorer and Flying V marks since the 1970s. To show its displeasure with Gibson, the jury ordered Dean to pay compensation of $1.
Key Lessons
This case highlights the importance of protecting all the distinctive elements of your products and services (not just the word marks). It also reinforces the importance of the timely enforcement of intellectual property rights.
*Full disclosure, the author is a huge fan of Gibson Guitars, AC/DC and Angus Young's on-stage persona.
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