Judge throws out Gibson’s latest claim against Dean Guitars in trademark case

A referee has thrown out Gibson‘s latest legal claim against its guitar manufacturing rival Dean guitars after Gibson won a trademark infringement case against Dean earlier this year.

In July, Dean was ordered by the court to stop production of their V-series, Z-series and Gransport series electric guitars when Yahoo! reported. It turned out that the models infringed on similar guitar shapes that Gibson created – the Gibson Flying V, Gibson Explorer and Gibson SG, respectively.

That decision upheld an earlier verdict from May, when a jury rejected a claim by Dean’s parent company, Armadillo, that the Gibson designs were now “generic” and “unprotectable.” In 2019, Gibson filed a lawsuit against Dean alleging trademark infringement and counterfeiting, according to Guitar world.

But last month, Gibson recently claimed Dean should be held in contempt of court for continuing to advertise their V and Z series guitars after they were ordered to cease production. Gibson claimed Dean was still advertising the models on his website and on social media. (From this post, Dean’s The V series and The Z series web pages are still available but with no product present.)

However, Gibson’s latest argument was rejected by the judge.

“Nearly all of the issues raised in Gibson’s contempt have been resolved,” informed the court. The decision was handed down by Judge Amos Mazzant III in the United States District Court for the Eastern District of Texas on Oct. 31.

The new order added that “all new arguments raised in the pending motion were resolved by the parties.”

Back in 2019, Dean argued that he had “continuously offered[ed] the V- and Z-shaped guitars at issue in the lawsuit since at least 1976,” other guitar companies say “for decades have used the common guitar shapes that Gibson is now trying to claim exclusive rights to.”

Following the decision in July, Gibson said it was “again very pleased with the outcome after years of trying to protect their brand and business through recognized intellectual property rights, rights that have been Gibson’s for decades.”

It added, “Gibson’s guitar shapes are iconic and are now firmly protected for the past, present and future. … Gibson can now focus attention on continuing to capitalize on its iconic past and invest in future innovation.”

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