Gibson Brands Inc.'s trademark counterfeiting claims alleging a Dean Guitars distributor ripped off several guitar designs survived dismissal, but so did the seller’s counterclaims, a Texas federal court ruled.
Armadillo Distribution Enterprises Inc. said Gibson waited too long to enforce trademarks that are also invalid because they are so widely used they can’t identify a source. But the U.S. District Court for the Eastern District of Texas said Wednesday that Gibson plausibly alleged trademark counterfeiting.
The court also refused to dismiss Armadillo’s counterclaims that Gibson interfered with its business and to strike two of Armadillo’s affirmative defenses.
The three opinions ...