Finnegan Shreds Copyright Case for Dean Guitars and Estate of Pantera Guitarist

FOR IMMEDIATE RELEASE
December 3, 2018

WASHINGTON, DC—On November 30, 2018, Finnegan secured summary judgment for client Dean Guitars and the Estate of Dimebag Darrell Abbott in a hotly-contested copyright infringement and unfair competition case. The case involved copyright, Lanham Act, invasion of privacy, and other state law claims over a lightning bolt graphic on Pantera guitarist Darrell Abbott’s “Dean from Hell” guitar, which for decades has been an inseparable part of Abbott’s persona and likeness. Plaintiff Buddy Webster p/k/a Buddy Blaze, a guitar builder who physically modified the Dean from Hell guitar, claimed that he owned the copyright in the lightning graphic.

After getting the case transferred from the U.S. District Court for the Central District of California to the U.S. District Court for the Middle District of Florida, Finnegan uncovered in discovery that Webster did not actually paint the lightning graphic—another person did. Finnegan worked with that individual to assign his copyright in the lightning graphic to Darrell Abbott’s estate.

In addition to arguing that Webster did not own the asserted copyright, Finnegan argued that Dean Guitars repudiated Webster’s copyright ownership in a 2007 email, rendering his copyright claim time-barred. The court agreed. It also found for Finnegan’s clients on the false advertising, unfair competition, invasion of privacy, and conspiracy claims.   

The case is Buddy Webster v. Dean Guitars et al., 8:17-cv-01795, M.D. Florida, transferred from Buddy Webster v. Dean Guitars, 2:17-cv-03027, C.D. Cal.

Contacts
Mark D. Sweet, Managing Partner 
mark.sweet@finnegan.com 

James B. Monroe, Chair 
james.monroe@finnegan.com

About Finnegan
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is one of the largest IP law firms in the world. From offices in Atlanta, Boston, London, Palo Alto, Reston, Seoul, Shanghai, Taipei, Tokyo, and Washington, DC, the firm practices all aspects of patent, trademark, copyright, and trade secret law, including counseling, prosecution, licensing, and litigation. Finnegan also represents clients on IP issues related to European patents and trade marks, international trade, portfolio management, the Internet, e-commerce, government contracts, antitrust, and unfair competition. For additional information on the firm, please visit www.finnegan.com. Follow us on LinkedIn and Twitter.