Gibson Guitar-Shape Counterfeiting Jury Win Probed by 5th Cir.

Gibson Brands Inc. faced a Fifth Circuit panel Monday that seemed to have at least some doubts about a jury verdict finding that its Flying V and Z guitar body shapes aren’t generic and so enjoy trademark protection.

Armadillo Distribution Enterprises hopes the panel reverses the jury, or at least grants a new trial over whether the guitar bodies are generic—based in part on evidence excluded at trial—and also undoes or at least revises a permanent injunction against Dean-branded guitars that were found to infringe Gibson’s marks. Gibson, which despite the liability verdict won only $4,000 in damages because it ...