The Trust of Darrell “Dimebag” Abbott has issued the following statement regarding the recent summary judgment ruling by a court in Tampa Florida, in the matter involving the Trust and Armadillo Enterprises (d/b/a) Dean Guitars, and its affiliate Concordia Investment Partners, LLC.
The Trust respectfully disagrees with the Court’s ruling and believes the decision conflicts with the clear language contained in the agreement Darrell Abbott signed with Dean Guitars in 2004. Specifically, the agreement states: “The Company [Dean Guitars/Armadillo Enterprises] shall acquire no rights in the tradenames or designs ‘Stealth Guitar’ or ‘Razorback Guitar’ by virtue of this Agreement, and upon termination of this Agreement shall cease the production of Stealth and Razorback style guitars.”
(click here to view actual agreements)
To the Trust, this language demonstrates Darrell Abbott’s clear understanding and intent that ownership and control of the Stealth and Razorback guitar designs would remain with him and would not transfer to Dean Guitars under the agreement.
The Trust further points to a Non-Disclosure Agreement executed just two months prior to the 2004 agreement, in which Dean Guitars CEO Elliott Rubinson acknowledged that the Razorback and Stealth guitar designs, along with the associated headstock designs, were created by Darrell Abbott. The agreement describes the design Darrell disclosed as: “The design constitutes a specific body shape of a guitar and specific headstock shapes that were designed by ‘Dime,’ known as the ‘Razorback,’ a slightly modified ‘Stealth’ guitar, which is also a design of ‘Dime’s,’ and the ‘Razorback Headstocks 1 and 2,’ and are to be used in creating his own signature line of guitars.”
(click here to view actual agreements)
Rita Haney, Darrell’s long-time significant-other and representative of the Trust of Darrell Abbott, stated: “The Agreement Darrell signed in 2004 stated Dean Guitars shall acquire ‘NO’ rights in the designs Stealth or Razorback Guitar, and…No means ‘None.’ It’s the ultimate negative: it means ‘not any,’ or ‘not at all.
Darrell would never have signed away ownership of his designs, and the documents clearly support that. He had Dean Guitars sign an NDA to even look at his Razorback Guitar. His Stealth guitar was previously sold during his relationship with Washburn, and when that relationship ended, Darrell retained his designs and expected the same arrangement to be upheld by Dean Guitars.
Dean Guitars did not make or sell a single Razorback nor Stealth before their formal relationship with Darrell. They never used the shapes without Darrell’s endorsement and in no way should be allowed to make these guitars after the relationship was terminated.
We believe this company has repeatedly misrepresented the facts, and we continue to fight for the return of Darrell’s guitar designs as well as their unauthorized use of Darrell’s name, likeness, and intellectual property.”
The Trust also alleges that Dean Guitars and their affiliates, in 2007 (three years after Darrell’s death), made FALSE representations to the US Trademark Office when obtaining a Trademark for the Razorback Guitar shape. They literally claimed it was they who designed the Razorback as a tribute guitar “after his death.” Further stating they used Darrell’s razorblade neckless as some sort of inspiration for the design: After his death in 2004, Applicant designed a unique Dimebag Darrell signature-design guitar line reminiscent of the classic Dean ML guitar used during Abbott’s early career as a tribute to Abbott. One of the designs features “razor” like edges symbolic of the razorblade worn by Abbott around his neck.
The Trust emphasizes that the litigation is ongoing and that the recent ruling does not resolve the broader dispute. The Trust intends to appeal the summary judgment decision and continue pursuing additional claims relating to the alleged unauthorized use of Darrell Abbott’s name, likeness, artwork, and associated intellectual property, including the iconic “Dean From Hell” artwork.
The Trust maintains that Darrell Abbott’s claims have not yet been fully heard on their merits and remains confident in the strength of its position moving forward.
The Trust concluded:“This case represents a broader issue faced by many artists and creators — the protection of their intellectual property and legacy against greedy corporate interests with greater financial resources. We remain committed to protecting Darrell’s legacy and ensuring that one of the most influential guitarists in music history receives the respect and legal protections he deserves.”
