https://blabbermouth.net/news/gibson-wins-jury-verdict-against-dean-over-guitar-shapes
A Texas federal jury decided on Friday (May 27) that Dean Guitars sold counterfeit guitars that infringed the trademark on Gibson Brands Inc.'s Flying V guitar and other iconic models, and dismissed Dean's efforts to cancel several Gibson trademarks as generic.
In May 2019, Gibson filed a lawsuit against Armadillo Enterprises, the parent company of Dean Guitars, accusing it of infringing on seven of Gibson's trademarks, including the body shape design of the Flying V, Explorer, ES and SG, as well as the "Dove Wing" headstock design, the "Hummingbird" name and the "Moderne" trademark. The lawsuit, which was filed in a Texas court, also accused Armadillo of trademark counterfeiting — effectively claiming that Armadillo was trying to deceive or mislead the public into thinking that the guitars made by Dean are in fact Gibsons, or have some connection to Gibson. Armadillo filed a countersuit in July 2020, accusing Gibson of "tortious interference with Armadillo's business relationships and/or contracts". In a statement, Armadillo said that Dean Guitars had been "continuously offering the V and Z-shaped guitars at issue in the lawsuit since at least 1976 — for over the past forty years. And Dean Guitars is not alone; other guitar companies have for decades used the commonplace guitar shapes that Gibson now tries to claim exclusive rights to."
In Friday's verdict, the jurors rejected Dean's arguments that the designs in question had become so commonplace that they're now "generic" and "unprotectable". But the jury also found that Gibson "delayed in asserting its trademark right(s)" against Dean and that the delay was "inexcusable", thereby causing "undue prejudice" to Armadillo. As a result, the jury said Gibson had suffered no actual harm and awarded the company just $4,000 in "counterfeiting statutory damages per counterfeit trademark per type of goods sold, [or] offered for sale."
In a statement following the verdict, Gibson said: "The court's decision by jury today, to uphold Gibson's long-established and well-recognized trademarks for Gibson's innovative and iconic guitar shapes is a win for Gibson and the music community at large. The court found that the Gibson Trademarks are valid, the Gibson shapes are not generic, and the defendants were guilty of both infringement and counterfeiting. Gibson is very pleased with the outcome after years of simply trying to protect their brand and business through well recognized intellectual property rights, rights that have been Gibson's for decades.
"Gibson's guitar shapes are iconic, and now are firmly protected for the past, present, and future. From a broader perspective, this court decision is also a win for Gibson Fans, Artists, Dealers, and related Partners who expect and deserve authenticity. Not to mention for all of the iconic American brands that have invested in meaningful innovation and continued protection, only to see it diluted with unauthorized and often illegitimate knockoffs. Gibson can now focus attention on continuing to leverage its iconic past, and invest in future innovation, with confidence."
Armadillo CEO Evan Rubinson said in a statement: "We are thrilled that a Texas jury has vindicated Armadillo in ruling for Armadillo on its defense to Gibson's trademark claims on our Dean V guitar, Dean Z guitar, and Evo headstock.
"The jury found that Armadillo is not liable to Gibson for our long use of those guitars and headstock. The jury issued a judgment in the amount of $4,000, a mere fraction of the $7 million plus originally sought by Gibson."
Back in June 2019, Gibson uploaded a since-deleted video to YouTube in which then-director of brand experience Mark Agnesi discussed trademark infringement. In the video, Agnesi cautioned other guitar builders: "You have been warned. We're looking out and we're here to protect our iconic legacy."
In its original lawsuit, Gibson noted that it had sent Armadillo multiple cease-and-desist letters over the years but that Armadillo had failed to stop its "unauthorized" use of Gibson's trademarks.
Dean Guitars' take on the Flying V and Explorer — the aforementioned V and Z — have been in production since the company was founded by luthier Dean Zelinsky. Most notably, Dean Guitars' V has become closely associated with legendary German guitarist Michael Schenker.
Three years ago, Gibson lost an important trademark fight in Europe related to its Flying V guitar shape. After Gibson was initially granted a mark on its Flying V in the European Union in 2010, the mark was challenged four years later by the owner of German company Warwick, and a court later declared the mark invalid. Gibson appealed and lost in 2018 and in June 2019 had its second appeal dismissed by the Second Chamber of the EU General Court.
Everyone has a plan, till you get punched in the face,
This may mean going forward they will have to have more than the headstock shape different.
John Mayer played a Fender Stratocaster for years and Paul Reed Smith came up with a John Mayer signature model getting Mayer to switch to PRS as player and endorser. I looked at one of these expensive guitars last year and it seems to be a Strat copy except for the headstock. It comes in, as do Fender Stratocasters these days, in a variety of pickups including Humbuckers ( still won't sound exactly like a Les Paul...must be the body shape difference) but I don't know. When I first saw it I thought, why get one of these pricey axes when it's just a Strat with a different headstock??
Mayer is a great player though.
I like this old road worn beat up Fender Mayer use to play. Here he is with the man with the best vibrato of any guitar player, B.B.KING!!!!!
Here is a demo on Andertons. Nice guitar , but the tones are not for me.
Everyone has a plan, till you get punched in the face,
I like this old road worn beat up Fender Mayer use to play. Here he is with the man with the best vibrato of any guitar player, B.B.KING!!!!!
B.B. has great vibrato but I think Leslie West gives him a run for his money.
@bill_graham Yes there are many great fret hand vibratos over the years. Clapton, Dickey and others mention B. B. because their vibrato got better when they saw B.B. do it:)
A friend in Ireland just sent me Gary with a great vibrato in response. Gary was their Jimi Hendrix or Eddie Van Halen. That first solo at about 2:30 in does have vibrato probably as good as B. B. King.
I don't pretend to understand the trademark laws so I was always wondering why so many guitar makers can make what look like almost exact physical copies of Fender guitars like the Stratocaster and Telecaster form factors even down to headstock shape.
I know some guitar Mfg.'s have successfully sued over headstock trademarks as I own a beautiful 1987 ESP Made on Japan neckthru Mirage Custom guitar that has a headstock shape that was identical to a Jackson superstrat back in the late 1980's. Evidently Jackson sued ESP in the late 1980's so that ESP changed the shape slightly so their headstocks are no longer identical to Jackson's.
Here is my 1987 ESP I purchased new in 1988 which has the famous Jackson shaped "lawsuit" headstock
And here is a recent 1987 ESP LTD reissue with a slightly modified headstock shape so as not to violate Jackson's patent
Interesting article on the Japanese made Ibanez "lawsuit" guitars of the 1970's
https://www.vintagejapanguitars.com.br/en/the-true-story-of-lawsuit-guitars/
@bill_graham ESP has a guitar very similar to a Les Paul too. I've seen a couple at the big music store here in my area. Most days my favorite electric guitar is a Les Paul from the 1950's. Sometimes I'll move to something else but always go back to the Les Paul.
You know Jackson and Charvel guitars were sued by Fender for designs too close to Fender and I think only the headstock had to be very different in this law suite back in the 90's but the rest of the guitar could look like another companies guitar. And to beat all, in 2002 Fender buys Jackson and Charvel then it's no problem how close headstocks etc look to a Fender product on a Jackson or Charvel. Jackson and Charvel and Ibanez too became very popular with heavy metal fans and players with hot loud pickups and whammy bars.
@robertdee Fender actually owns Charvel/Jackson ... BOTH of them! https://www.investopedia.com/articles/company-insights/091516/top-5-companies-owned-fender.asp
@rusty Thanks Rusty. I thought EVH guitars was a partnership between Eddie Van Halen and Ernie Ball/Music Man but it's owned now by Fender too.
I saw Jack Pearson in Nashville several years ago and he was playing a guitar that looked exactly like a Stratocaster but it said Squire by Fender on the headstock and he claimed he paid $87.00 for it. It sounded good though.
@rusty Thanks Rusty. I thought EVH guitars was a partnership between Eddie Van Halen and Ernie Ball/Music Man but it's owned now by Fender too.
I saw Jack Pearson in Nashville several years ago and he was playing a guitar that looked exactly like a Stratocaster but it said Squire by Fender on the headstock and he claimed he paid $87.00 for it. It sounded good though.
I was taken aback (a bit) to learn that Fender also owns Gretsch.
Regarding Jack Pearson - he could play a broom or a tennis racket and sound better than most great players on expensive guitars! I don't know if he's still playing those cheap Fender import Strat's or not. I've always wanted to ask him if he was making some sort of anti-guitar snob statement in doing so. FYI - in that Gregg Allman tribute show (Fox Theater, Atlanta) Jack played one of those cheapies through the entire show. I did get to ask him about his cheap Strats once - he said that with the exception of a volume/tone control mod, these guitars are totally and entirely stock - just like those on the shelves at Guitar Center.
The guitar shape thing has some interesting guidelines. Upon first glance, most of the Strat-shaped guitars do look very similar. If you examine closer you'll notice that some of the curves and horns are slightly different in angle and size. I have a G&L F-100 (first model that they made) and a Fender Strat. They do look very similar until you sit them right next to each other. Very slight differences.
@rusty I don't understand it Rusty. It is baffling to me Jack can play such a a guitar The big music store here told me Gibson's line of Epiphone guitars are the only low end guitars they could recommend to someone who has been playing for awhile. Fender's line of low end guitars (Squire) they can't recommend. The electronics and neck and frets and the wood is problematic and likey will not give you the playability necessary and expected. Dickey Betts had a couple of Les Paul guitars ( the zebra pickup sunburst he used live in 1973 and 74 is one) that wouldn't stay in tune for some reason but they were playable when they were in tune.
That is surprising Gretsch is also owned by Fender now. Chet Atkins was a major player and endorser and rockabilly players favor them. Jeff Beck likes them too and will use one when he plays something by Gene Vincent and the Blue Caps.
G & L are premium guitars that Leo Fender himself was behind after he sold Fender. Yes I've noticed the G & L headstock is noticably different and after looking carefully some years ago, the body shape has those little differences if you look carefully.
The sustain Jack gets here couldn't be on a $180.00 guitar!!?? Click on view on YouTube and it will come up.
Yet I see Squire on the headstock when you can see it. At the music store Squire is in big letters then to the right is 'by Fender" in small letters. But they only want to sell those to someone buying a guitar for a 12 or 14 year old beginner. I'm sure Jack is telling the truth. It's just hard to believe!!
Stranger yet - consider that Fender modified it's own headstock! When CBS bought Fender (now part of CBS Musical Instruments) they had both the gall and audacity to start monkeying around with Leo's designs. 1965 saw that big chunky head stock over the slimmer 1950s model. Jimi Hendrix actually played a CBS Strat for a good part of his career, including at Woodstock.
https://www.fender.com/articles/tech-talk/how-the-strat-came-to-have-two-heads
The early G&L's (including mine) had a headstock that resembled something between a 1950s style Strat head and a Telecaster one. I guess it was too close to Leo's Fender design because the later models have that "reverse notch" on the head.
