GIBSON SUES DEAN GUITARS

smk506

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That's a fair point. Pretty sure he got himself locked out of these threads so I’ll just quit while I’m behind.
 

Rando375

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That's a fair point. Pretty sure he got himself locked out of these threads so I’ll just quit while I’m behind.
Did he really? Damn, thats too bad. Not even gonna bother reading back to see why.
This thread has provided enough fireworks for everyone involved and entertainment for those that weren't
 

Fiat Lux

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Can anyone please direct me to Gibson’s statement of claim in this litigation so i can have an idea of what Gibson is ACTUALLY claiming against Dean? It appears to me that in 43 pages of speculation, nobody actually has any real idea what Gibson is claiming, or the basis on which they suggest their claim may have merit.

The statement of claim once filed in court is generally a public document, so it must be possible to see a copy.

Anyone?

Cheers
 

Brians Evil Twin

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Well, well...

Cheers
I take that back:

"On 14 May 2019, Gibson filed a lawsuit against Armadillo in the US District Court For The Eastern District Of Texas. The lawsuit, which was later amended on 6 June, accused Armadillo of trademark infringement over the Flying V body shape, Explorer body shape, ES body shape as well as the Hummingbird and Moderne trademarks.

This complaint also claimed that Armadillo had knowingly deceived its customers into believing that its products were Gibson’s. Notable is the fact that Gibson had sent several cease-and-desist letters to Armadillo, the most recent of which was a day before the lawsuit was filed."

So it ought to be viewable here, but I can't find a way to search for active cases.
 

Brians Evil Twin

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Other than 3+3, I don't see the similarity:

391629


And Dean has never made an acoustic model named "Hummingbird Modern" AFAIK: https://www.deanguitars.com/guitars/acoustic-guitars


This part, will be particularly difficult to substantiate, I expect. The fact that the claim provides no graphic proof of it speaks volumes.

391621


Again, where is the proof, by way of example?

391623


I don't think it will be tough for Armadillo to show countless other examples of the ES, SG, V and Explorer body shape by dozens of manufacturers for decades.

391624

391625


In other words, they said "fvck off Gibson":

391626


Yeah, no:

391627


Not nearly as badly as they have damaged it themselves through unpopular designs, overpricing, bad governance, and frivolous lawsuits:

391628
 
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DotStudio

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Other than 3+3, I don't see the similarity:

View attachment 391629

And Dean has never made an acoustic model named "Hummingbird Modern" AFAIK: https://www.deanguitars.com/guitars/acoustic-guitars


This part, will be particularly difficult to substantiate, I expect. The fact that the claim provides no graphic proof of it speaks volumes.

View attachment 391621

Again, where is the proof, by way of example?

View attachment 391623

I don't think it will be tough for Armadillo to show countless other examples of the ES, SG, V and Explorer body shape by dozens of manufacturers for decades.

View attachment 391624
View attachment 391625

In other words, they said "fvck off Gibson":

View attachment 391626

Yeah, no:

View attachment 391627

Not nearly as badly as they have damaged it themselves through unpopular designs, overpricing, bad governance, and frivolous lawsuits:

View attachment 391628
I used my immense photoshop skills to aid in pointing out the similarity, not that I think this particular instance should be enforced.

20190709_110504.jpg


Dean simply had a chipmunk take a bite out of the headstock.
 

DotStudio

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Other than 3+3, I don't see the similarity:

View attachment 391629

And Dean has never made an acoustic model named "Hummingbird Modern" AFAIK: https://www.deanguitars.com/guitars/acoustic-guitars


This part, will be particularly difficult to substantiate, I expect. The fact that the claim provides no graphic proof of it speaks volumes.

View attachment 391621

Again, where is the proof, by way of example?

View attachment 391623

I don't think it will be tough for Armadillo to show countless other examples of the ES, SG, V and Explorer body shape by dozens of manufacturers for decades.

View attachment 391624
View attachment 391625

In other words, they said "fvck off Gibson":

View attachment 391626

Yeah, no:

View attachment 391627

Not nearly as badly as they have damaged it themselves through unpopular designs, overpricing, bad governance, and frivolous lawsuits:

View attachment 391628
Dean is incidentally coming out with their very own cola.

20190709_114110.jpg
 

GibsonKramer

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This whole ordeal is fascinating.

Especially this belief, this really hurts Gibson. :laugh2:

Those that aren't aware, I have a decent following on Instagram, 11.3k (though, I'm sure a good many are bots). It's really easy to monitor activity, and engagement.

Since the word got out, business is booming. I've added a few hundred followers since news broke. Pics, that would get "likes," are now getting full blown commentary.

Sure, there's a lot of "is it authentic?" commentary. People telling me I should tape over the name, before I post. It's pretty much non stop now. It's hard to keep up with. It's almost become a 2 person job, at this point.

All because, a lawsuit and "play authentic" video.

No such thing as bad PR.

I should start selling my pics on t-shirts.
 

Brians Evil Twin

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At least you have a good sense of humor about it.

391644


Everyone loves their Gibson guitars, including me.

And no one should resent a manufacturer for protecting their IP.

But the suit presents some fairly specious arguments on the face of it.

Hope those Instagram likes turn into revenue...
 

Bill Hicklin

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This complaint also claimed that Armadillo had knowingly deceived its customers into believing that its products were Gibson’s.
Good luck with that. But Gibson has to try to argue it, because they don't have any other claims which are even colorable as a matter of law. At least they can get that one to a jury and hope for 12 extraordinarily stupid citizens.

As I read the complaint, barring a really, really biased ED Texas judge, Gibson has a decent case on only one claim: the name "Hummingbird." Tradenames (unlike shapes) are pretty inviolable, nor am I aware of anyone else using the name Hummingbird on a guitar. (I don't know, however, how long Dean has been using it and whether laches might apply.)

Modern? That's a hell of a stretch, because "modern" is such a common adjective. It's like trying to claim "Electric" as a tradename.
 

EndGame00

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The Dean V has been in production since 1977.

If Gibson hasn't tried to stop them from making it until now, then how can they really claim that it's their design? How can they suddenly have claim to something that they've allowed others to have for over 40 years?
Yeah, they could have sued Dean at the same time they sued Ibanez....
 

Brians Evil Twin

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