Marsha Gentner Quoted in Bloomberg Law Article on Guitar Trademark Suit

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8.05.22

For Bloomberg Law, Marsha Gentner weighed in on a trademark suit between two guitar makers that attorneys on both sides deemed “extraordinary on multiple levels.”

For Bloomberg Law, Marsha Gentner weighed in on a trademark suit between two guitar makers that attorneys on both sides deemed “extraordinary on multiple levels.”

After a 40-year delay, a jury ruled in favor of Gibson Brands Inc. issuing a permanent injunction against Armadillo Distribution Enterprise, maker of Dean Guitars, to halt sales of their Flying V-shaped guitars. Citing a century-old precedent, the court rejected Armadillo’s argument that laches – unreasonable delays in suing – would rule out an injunction. Says Gentner,

“These laches cases, circuit to circuit, they’re all over the map. I’ve seen cases in the Ninth Circuit where they come close to saying ‘if you establish laches, you’re not going to get any relief. It’s sort of a free-for-all.”