Yes, You Can Trademark a Shape – And Gibson Just Proved It (Again)


April 13, 2025

Hello Reader,

Gibson Guitars just won a big victory—and it’s a lesson in brand protection you don’t want to miss.

After years of legal back-and-forth, a federal jury once again ruled in favor of Gibson in its trademark case against Dean Guitars (owned by Armadillo Enterprises). At stake? The rights to iconic guitar body shapes like the Flying V, Explorer, and SG.

Here’s what the jury decided, straight from the court decision:
🎸 Yes – Dean infringed on Gibson’s trademarks and engaged in unfair competition.
🎸 Yes – Dean sold and marketed counterfeit versions of Gibson’s trademarked shapes.
🎸 Yes – The infringement was intentional and willful.
🎸 No – Gibson’s trademarks are not generic. They are valid, enforceable trademarks.

That’s a powerful message: product designs, if distinctive and well-recognized, can be protected as trademarks.

Takeaway Tips from the Gibson Case:

Distinctive product shapes can be just as valuable—and protectable—as logos or names.
Consistency matters – The more recognizable your design becomes over time, the stronger your claim.
Enforce your rights early – Gibson’s delay was challenged in court, but their enforcement still held up because the marks were strong and unique.

Whether you’re building a product, designing packaging, or just getting your brand off the ground, it’s worth asking:
🟡 Is there something about my design that sets me apart visually?
🟡 Am I doing enough to protect it now—before someone else copies it?

If the answer is “I’m not sure,” let’s talk. Trademarks go way beyond words—and this case proves it.

Keep Your Brand Safe and Protected,

J.J. Lee and the Trademark Lawyer Law Firm Team!

P.S. If a guitar body shape can win in court as a trademark, imagine what’s possible with your product’s unique design. Don’t wait until someone else copies it to find out it’s unprotected—let’s make sure your brand assets are legally locked down.

J.J. Lee, Trademark Attorney

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