Waiting 40 years to enforce its guitar-shape trademarks didn’t bar Gibson Brands Inc. from halting Dean Guitars’ sales of Flying V-shaped guitars going forward.
A July 28 permanent injunction against Armadillo Distribution Enterprises came two months after a verdict left both sides claiming victory in a case attorneys deemed extraordinary on multiple levels. The jury rejected the contention by Armadillo, which makes Dean Guitars, that body shapes like the Flying V and Z-shaped guitars had become generic, and instead found the company had engaged in counterfeiting—but awarded merely $4,000 because of Gibson’s delay in bringing suit.
The court cited century-old ...
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