Judge orders Gibson’s damages in Dean legal case upped from $1 to $168,000
Back in March 2025, Gibson triumphed for a second time in its legal battle against Dean, with the latter having been found to have infringed on Gibson’s trademarks for the Flying V, Explorer and SG. However, that victory was tempered somewhat by the jury’s recommendation that Gibson be awarded just $1 in damages.
Now however, the judge in the case has increased this award, ruling that Dean’s parent company Armadillo Distribution Enterprises Inc, will have to pay Gibson just over $168,000 for the infringement, which is to be taken in disgorgement of profits earned through infringement.
In legal speak, disgorgement refers to the relinquishing or forfeiture of unlawfully obtained profits toward either the state, or in this case, to the party harmed, Gibson.
The original figure was so low because the jury felt that Gibson had waited too long to protect its trademark rights – Dean had been making guitars using the Flying V and Explorer body shapes since the 1970s, but Gibson didn’t take action against them for decades.
Now however, US District Judge Amos L Mazzant – who presided over the case – has decided that the jury’s recommendation is insufficient given the profits made by Armadillo over the period from use of the infringing shapes, and increased the damages to $168,399
Mazzant had the option to treble the damages or award Gibson statutory damages, but he declined to do so as he felt that any further financial punishment for Dean would be “punitive”.
“By requiring Armadillo to disgorge the profits it earned through infringement, the Court places Gibson in roughly the same position as it would have been had the infringement never occurred,” Judge Mazzant wrote in his latest opinion handed down on Monday (22 September).
“Here, statutory damages are unwarranted,” Judge Mazzant said in the ruling handed down on Monday. “The court already determined that disgorgement and injunctive relief are the proper remedy based on the equities of this case and any additional monetary award would be punitive.”
“Also, awarding statutory damages would be duplicative of the disgorgement award.”
The case wasn’t a total loss for Dean/Armadillo, however. While the brand was found to have infringed on the body shape trademarks for the Flying V, Explorer and SG – as well as the ‘Hummingbird’ and ‘Flying V’ wordmarks – but was found to have not infringed on either the ‘Dove Wing’ headstock shape or the ES body shape. In fact the jury even recommended that the ES trademark should be cancelled as it is generic.
In his latest opinion Judge Mazzant declines to elaborate further on this, though it could end up being a hugely impactful part of the case. He also neither accepted or denied Gibson’s request for Armadillo to cover the brand’s legal fees – both of these will be addressed in the final judgement on the case.
However, the injunction handed down now permanently bars Armadillo and Dean from making, advertising or selling products which infringe Gibson’s trademarks. Counsel for both Gibson and Armadillo have not commented on the matter at this time.
Brief history of Gibson vs. Dean
The legal battle between Gibson and Dean goes back to 2019, when Gibson accused Dean’s parent company Armadillo of trademark infringement, trademark counterfeiting, unfair competition and trademark dilution.
Armadillo subsequently launched counterclaims, saying a number of other guitar companies have been selling products with strong visual similarities to Gibson’s designs for decades. It argued, therefore, that Gibson’s trademarks should be cancelled for genericness.
But in 2022, Dean and Armadillo were found guilty of trademark infringement and counterfeiting pertaining to Gibson’s Flying V, Explorer, SG and Hummingbird shapes. At the same time, the jury found that Gibson had delayed in asserting its trademark rights for the Flying V and Explorer body shapes, and the Dove Wing headstock shape.
The case then went to the United States Court of Appeals for the Fifth Circuit, which in July 2024 ordered a new trial after finding that the district court had improperly excluded evidence.
However, after a second seven-day trial in March, Gibson once again triumphed – albeit in a more limited fashion than the first case. The jury found Dean had infringed on the Flying V, Explorer and SG – as well as the ‘Hummingbird’ and ‘Flying V’ wordmarks – but was found to have not infringed on either the ‘Dove Wing’ headstock shape or the ES body shape, and recommended the cancellation of the latter.
Guitar.com has reached out to both Gibson and Dean/Armadillo for comment on the latest ruling.
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Source: www.guitar-bass.net
