Generic Fair Use

... where pop culture meets intellectual property law

Month: June 2019

The Shape of Things: Gibson sues Dean Guitars for Trademark Infringement

In May 2019, Gibson Brands, Inc. sued Armadillo Distribution Enterprises, Inc. for trademark infringement, unfair competition, and counterfeiting.[1] Armadillo may not be a well known name, but it is affiliated with the guitar brands Dean Guitars and Luna Guitars, which compete with Gibson. Gibson is one of the most prominent names in the electric guitar industry, alongside Fender. In this lawsuit, Gibson accuses Armadillo/Dean of infringing at least four “body shapes” of its electric guitar models: the Flying V, the Explorer, the ES, and the SG, each of which Gibson cites as a registered trademark.[2]

This case caught my attention because I am a guitar player and I often write about music and the music industry as it relates to trademarks and copyrights. Here are just a few examples. I do not personally own any Gibson-branded guitars (they are too heavy in the neck), but I do own one acoustic Dean Guitar – though not one of the types that is accused of infringement in this case. With regard to electric guitars, I prefer Schecter Guitars. Always a Hellraiser™.

Armadillo has not yet responded with an Answer to this lawsuit, but I anticipate Dean Guitars will present a substantial defense to all of Gibson’s claims. It is important to note that this is not a patent case. This is not about who “invented” the particular shape or style of an electric guitar. Any patent rights for these designs would have expired decades ago. Instead, this dispute concerns trademarks. It essentially seeks to determine whether a particular shape of a guitar evokes a specific source in the minds of the relevant consuming public. With regard to the guitar industry, there is a long history associated with these particular “body shapes” and how they impact pop culture and the competition between the most popular brands and manufacturers.

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Clawing Back Copyrights?

Kawhi Leonard sues Nike over the copyright to a logo

June 4, 2019

On June 3, 2019, Kawhi Leonard, a professional basketball player currently with the Toronto Raptors, sued Nike over the rights to a logo.[1] Leonard contends he personally created the logo and owns the copyright to it, but that in 2017, without his knowledge or consent, Nike filed an application to register the copyright to this logo.[2] From October 2011 through September 30, 2018, Leonard was a sponsored athlete under the Nike® brand. According to the lawsuit, he signed a standard “Men’s Pro Basketball Contract” with Nike to be a sponsored athlete. Throughout the duration of this relationship, Leonard endorsed Nike products and Nike used Kawhi’s name and image to promote its products.

This is why the purported rights to the “Leonard Logo” are relevant.

Leonard’s lawsuit seeks to resolve who owns the copyright and possible trademark rights in a logo he claims to have designed himself. The interesting twist is that even if Kawhi created the logo by himself – that fact alone does not resolve the dispute.

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