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Dean Guitars May Be Able To Re-Try Body-Shape Infringement Suit by Gibson

A Gibson Explorer (left) and a Dean Z model.

In a legal battle over guitar body designs between Gibson and Dean, the U.S. Circuit Court of Appeals in the 5th circuit has ruled that Dean has the right to appeal an earlier decision by a Texas court, ordering Dean to stop selling guitars that Gibson says infringed on its iconic body shapes.

In a legal battle over guitar body designs between Gibson and Dean, the U.S. Circuit Court of Appeals in the 5th circuit has ruled that Dean has the right to re-try an earlier decision by a Texas court, ordering Dean to stop selling guitars that allegedly infringed on longtime Gibson body shapes, including Dean’s V and Z Series instruments, according to a report in Bloomberg Law published on Tuesday.

Dean contends that their V and Z models, which Dean says have been in production since 1977, do not infringe on Gibson’s trademarks. Gibson, meanwhile, argues that these body shapes constitute infringement on their iconic designs, which the lower court found. Essentially, the appellate decision states that Dean may be allowed to introduce additional evidence for a jury to consider, and if Dean does not, the judge is required to better explain why that evidence is not allowed.

Dean issued a press release calling the decision a “significant legal victory,” while Gibson issued a statement saying, “we are moving forward with a request for reconsideration of the appellate ruling and if that is not successful we will gladly meet Dean in trial once again and are confident that the Texas jury will again come to the conclusion that Dean is infringing on Gibson’s iconic body shapes."

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Dean Guitars May Be Able To Re-Try Body-Shape Infringement Suit by Gibson

In a legal battle over guitar body designs between Gibson and Dean, the U.S. Circuit Court of Appeals in the 5th circuit has ruled that Dean has the right to appeal an earlier decision by a Texas court, ordering Dean to stop selling guitars that Gibson says infringed on its iconic body shapes.

If artists aren’t allowed to take risks, and even fail, great art will never be made. Need proof? Check Picasso, Hendrix, Monk, and Led Zeppelin.

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