Saturday, July 13, 2019

D vs G (4)


The next instalment of the saga sees Dean doing two things: 1) Asking the courts to cancel Gibson's trademark infringement claims 2) Damages for commercial interference.

The case for 1) might be clear cut for some instances. Time is of the essence; the fact that Gibson laid this to wait might go against them. This will be buffered by the fact that they lost the trademark case in European Courts. The ruling might be influential but not binding. In any case, it's a blow to the Gibson camp. As for 2), there are currently no statistics shown anywhere to carve a strong case for damages. Dean needs to show that Gibson's interference here affects Dean's accounts. However, the case for interference per se is a strong one, especially when there is black & white to show that such unwarranted actions indeed took place. If Gibson did this with the backing of a successful trademark infringement case is another story. It's an open market, players shouldn't feel threatened when they go about their commercial dealings.

Pic: Musicradar

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