A guitar shape can be protected not only by copyright – it may also function as a trade mark!
This is exactly what was at stake in the dispute between Gibson and Dean Guitars. Gibson accused Armadillo Distribution Enterprises, the owner of Dean Guitars, of infringing trade marks protecting several of its iconic guitar designs, including the Flying V, Explorer and SG body shapes.
After an earlier judgment was challenged on appeal, the case returned for a retrial. In March 2025, a US federal jury once again found that Dean had infringed several of Gibson’s trade marks, including those relating to the Flying V, Explorer and SG shapes.
However, the jury found that the ES body shape had become generic and should therefore no longer benefit from trade mark protection. It also found that Dean’s Evolution headstock did not infringe Gibson’s Dove Wing headstock. At the same time, although infringement was established in relation to other marks, the jury awarded Gibson just $1 in damages.
The case shows how difficult it can be to protect product shapes as trade marks!
