Dean Guitars has been found guilty of violating a number of Gibson’s trademarks, but you wouldn’t know that from Dean’s press release. They’re claiming they won.
Despite the court finding that Dean had violated Gibson’s trademarks for the Flying V, Explorer and SG body shapes, the Dove Wing headstock and the Hummingbird acoustic guitar, Dean sent out a press release with the following:
In response to today’s jury verdict, Armadillo CEO Evan Rubinson issued this statement:
“We are thrilled that a Texas jury has vindicated Armadillo in ruling for Armadillo on its defense to Gibson’s trademark claims on our Dean V guitar, Dean Z guitar, and Evo headstock. The jury found that Armadillo is not liable to Gibson for our long use of those guitars and headstock. The jury issued a judgment in the amount of $4000, a mere fraction of the $7 million plus originally sought by Gibson.”
If you were to read that, you would have no idea that Dean was found guilty of infringing on multiple Gibson trademarks.
According to this article on guitar.com, “…the jury also found that Dean marketed counterfeits of the Flying V, Explorer and SG body shapes, and the Gibson Hummingbird. It is not guilty of marketing a counterfeit of the Dove Wing headstock shape.”
The ruling found that Gibson’s delay in asserting the trademark rights for the Flying V and Explorer body, and the Dove Wing headstock shape, would have caused undue prejudice to Dean and its investment partner Concordia, but the court ruled that Dean and Concordia must pay $4,000 in statutory damages per counterfeit trademark sold or offered for sale.
What this basically means is Gibson owns those trademarks, Dean infringed them, and Dean was found guilty in a court of law on most of the charges. But Dean’s press release headline is “Dean Guitars Wins Defense To Gibson’s Trademark Claims.” It’s just not true because it omits multiple, enforceable findings of guilt.
Look, I don’t like writing this article. I’ve had a good relationship with Dean and various associated entities for a long time. But this press release really bothered me. Truth is important. The whole truth is important. And framing this as a win for Dean without mentioning the actual judgement and the fact that it’s really a win for Gibson does not reflect the court’s full verdict. If anything it seems to directly contradict it and hope that the reader doesn’t look any further. C’mon Dean, you can do better.