Dimebag Darrell’s estate “intends to appeal” against court ruling in favour of Dean amid trademark dispute over guitar designs
The estate of Pantera’s Dimebag Darrell says it “respectfully disagrees” with a court ruling in favour of the Dean guitar brand amid a trademark dispute, and says it intends to appeal the decision.
In Dime We Trust, led by Dime’s longtime girlfriend and estate trustee, Rita Haney, has issued a press release in which it argues against a summary judgement that dismissed “the majority” of the estate’s trademark, fraud, and breach of contract claims against Dean and its parent company, Armadillo Distribution Enterprises.
The lawsuit, filed in 2021, argued 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.
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The press release, issued this June, states (via Lambgoat): “The Trust respectfully disagrees with the Court’s ruling and believes the decision conflicts with the clear language contained in the agreement Darrell Abbott signed with Dean Guitars in 2004.
“Specifically, the agreement states: ‘The Company [Dean Guitars/Armadillo Enterprises] shall acquire no rights in the trade names or designs Stealth Guitar or Razorback Guitar by virtue of this Agreement, and upon termination of this Agreement shall cease the production of Stealth and Razorback style guitars.’”
The statement goes on to address a Non-Disclosure Agreement, reportedly executed two months prior to the 2004 agreement, “in which Dean Guitars CEO Elliott Rubinson acknowledged that the Razorback and Stealth guitar designs, along with the associated headstock designs, were created by Darrell Abbott.”
A statement from Rita Haney reads: “The Agreement Darrell signed in 2004 stated Dean Guitars shall acquire ‘NO’ rights in the designs Stealth or Razorback Guitar, and…No means ‘None…’ Darrell would never have signed away ownership of his designs, and the documents clearly support that.”
She adds, “He had Dean Guitars sign an NDA to even look at his Razorback Guitar. His Stealth guitar was previously sold during his relationship with Washburn, and when that relationship ended, Darrell retained his designs and expected the same arrangement to be upheld by Dean Guitars.
“Dean Guitars did not make or sell a single Razorback nor Stealth before their formal relationship with Darrell. They never used the shapes without Darrell’s endorsement and in no way should be allowed to make these guitars after the relationship was terminated… We continue to fight for the return of Darrell’s guitar designs as well as their unauthorised use of Darrell’s name, likeness, and intellectual property.”
The Trust says that the litigation is ongoing and that the “recent ruling does not resolve the broader dispute”. The statement outlines that it intends to appeal the summary judgment decision and continue pursuing additional claims.
Guitar.com has reached out to Dean Guitars for comment.
The post Dimebag Darrell’s estate “intends to appeal” against court ruling in favour of Dean amid trademark dispute over guitar designs appeared first on Guitar.com | All Things Guitar.
Source: www.guitar-bass.net
