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Musical instrument maker Gibson has accused Armadillo Distribution Enterprises, a musical instrument manufacturer in Florida, of infringing a number of trademarks relating to the design of its guitars.
In a claim filed at the US District Court for the Eastern District of Texas on Tuesday, May 14, Gibson alleged that Armadillo has engaged in the promotion and sale of various products containing Gibson’s trademarked designs through its business, catalogues, distributors and websites.
At issue are Gibson’s Flying V body shape design (US registration number 2051790), its Explorer body shape design (US registration number 2053805), its ES body shape design (US registration number 2007277), its HUMMINGBIRD (US registration number 1931670), and its MODERNE (US registration number 3588609) registrations.
“Gibson has spent millions of dollars in the advertising and promotion of the Gibson trademarks, which have been used in conjunction with various Gibson stringed instruments,” said the claim.
The claim also alleges that Armadillo used the designs to deceive customers into believing they were buying Gibson products. It also suggested that “Armadillo had constructive knowledge" that it was infringing Gibson's marks.
Gibson has sent Armadillo several cease-and-desist letters outlining the infringements, the suit said, the most recent on May 13, 2019.
Gibson is seeking triple damages alongside costs and the profits of the alleged infringement.
Gibson, Armadillo, music, trademark infringement, US District Court for the Eastern District of Texas, advertising, cease and desist, designs
