Court rules in favour of Dean Guitars in trademark dispute with Dimebag Darrell’s estate
A federal court has ruled in favour of Dean Guitars, after the estate of Pantera’s Dimebag Darrell sued the guitar brand in 2021.
In the lawsuit, Dimebag’s estate cited unlawful use of the Stealth and Razorback guitar body shapes that Dimebag (real name Darrell Abbott) made in collaboration with Dean, and “unauthorised fraudulent trademark registrations” for the two. In Dime We Trust, led by Dime’s longtime girlfriend and estate trustee, Rita Haney, also accused Dean’s parent company, Armadillo Distribution Enterprises, of breaching their terms of contract.
READ MORE: A brief history of Dean Guitars
At the time, Haney wrote a statement which said: “After much consideration, it is with great sadness that I announce the longstanding relationship between Dimebag and Dean Guitars is over. Unfortunately, we were forced to file a lawsuit against Dean Guitars… It was necessary for us to end Dime’s endorsement of Dean Guitars to continue to honour and celebrate his legacy the way he deserves, and in the way he had laid it out.”
Dean Guitars responded by arguing that it had “always treated Dime and his brother Vinnie with the utmost respect and loyalty”, adding: “We have enjoyed a long-standing, 17-year relationship with Dime and Vinnie, and continue that relationship with Vinnie’s estate on the ddrum [the drum manufacturer also owned by Armadillo Enterprises] side… Dean Guitars is proud to have played a role in ensuring Dime’s legacy not only survived, but thrived over the past 17 years.”
In the new ruling, the court has granted a summary judgement that dismisses “the majority” of the Dimebag estate’s trademark, fraud, and breach of contract claims against Armadillo/Dean, including In Dime We Trust’s claims regarding the ownership of Dean’s guitar models (via Guitar World).
Court documents do, however, also conclude that Armadillo has been denied summary judgement on two counts: the copyright infringement of Darrell’s Dean From Hell artwork, and false endorsement and false association, which is concerned with whether there was “a likelihood of consumer confusion, mistake or deception as to the origin, sponsorship, or approval of goods being sold”.
“For almost two decades Armadillo was proud to work directly with the Abbott family under a relationship built upon mutual respect, shared purpose, and a genuine love for Darrell Abbott’s music and his love for Dean Guitars,” states a press release from Armadillo.
“The United States District Court’s order is confirmation of what we have known all along: Armadillo’s ownership of the Stealth and Razorback trademarks, the Razorback guitar design, and related intellectual property was earned through years of prior use and good faith commercial activity.”
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Source: www.guitar-bass.net
