Dean Guitars v Gibson trademark judgement reversed on appeal – case to be retried

The original verdict against Dean has been overturned by the US Court Of Appeals, and the original trademark and counterfeiting case will now be re-tried.

Dean Guitars long-running trademark and counterfeiting legal dispute with Gibson has taken a fresh turn – with the original verdict being reversed on appeal, and the court ordering the case to be re-tried.

The United States Court of Appeals for the Fifth Circuit ordered the case to be re-tried because the original judge was wrong to restrict certain evidence from being presented to the jury, stating that the jury “was not presented with a complete picture of what happened”.

In that original verdict, the jury found that Dean had infringed on Gibson’s body shape trademarks for the Flying V, Explorer and SG, as well as separate trademarks for the Dove Wing headstock and the Hummingbird acoustic guitar. The jury also found that Dean marketed counterfeits of the Flying V, Explorer and SG body shapes, and the Gibson Hummingbird.

Dean launched its appeal against the ruling in August 2022, and now it appears that the brand’s has been successful in convincing the Court of Appeals that the original verdict should be overturned, and the case should be re-tried.