After waiting 40 years, Gibson Brand Inc. has enforced its
guitar-shape trademark against fellow manufacturer Dean Guitars. As
of 28 July 2022, a permanent injunction bars Armadillo Distribution
Enterprises (the parent company of Dean Guitars) from manufacturing
the iconic guitars.
Armadillo's argument, that body shapes like Flying V and
Z-shaped guitars had suffered genericide, was rejected by a jury,
who found that the company had engaged in counterfeiting.
Armadillo additionally raised the defense of laches, arguing
that delay between the initial infringement and the initiation of
proceedings was excessive and inexcusable, causing significant
economic and evidentiary prejudice. The court rejected the
argument, citing McLean v. Fleming and Menendez v.
Holt (both cases from the 1880s), finding that while laches do
not bar delayed action and injunctive relief, "mere delay on
the part of the plaintiff precludes only past recovery." Only
$4000 of damages were
