News

BIENSTOCK & MICHAEL WINS LANDMARK TRADEMARK RULING AGAINST FENDER MUSICAL INSTRUMENTS CORPORATION

Fri, 27 Mar 2009 18:18:43 +0000

On March 25, 2009, the United States Trademark Trial and Appeal Board overwhelmingly ruled in favor of a large group of guitar manufacturers and retailers by denying Fender Musical Instruments Corporation’s (“FMIC”) applications for federal trademark registrations of the two-dimensional body shape outlines used on its Stratocaster, Telecaster and Precision Bass electric guitars and basses. At the end of a five-year proceeding (Stuart Spector Designs, Ltd., et al. v. Fender Musical Instruments Corp., Consolidated Opposition No. 91161403), Bienstock & Michael, P.C. successfully represented all of the companies who opposed FMIC’s applications. The Board affirmed the opposers’ position that they, and the entire guitar industry, would be substantially harmed if these registrations were issued, as this would grant FMIC a monopoly to three of the most common guitar shapes used and promoted by the industry as a whole for almost fifty years.

Read the press release here.

Pete Evick & Paramore Find Gold

Thu, 26 Mar 2009 15:15:34 +0000

Fueled By Ramen recording group Paramore’s 2008 DVD, “The Final RIOT!,” has been certified gold by the RIAA. Bienstock & Michael is proud to represent Pete Evick, who handled editing and vocal tuning duties on the record.

Pete is currently touring with Bret Michaels, serving as Bret’s longtime bandleader and co-writer. When not on tour, Pete writes, produces, edits and mixes for a wide array of artists. Last year he assisted Joel Singer in the vocal production on Poison’s live concert performance DVD “Live Raw and Uncut”.

Roxy Vice Featured in Seventeen Magazine

Mon, 02 Mar 2009 12:00:00 +0000

Talented 17-year old singer-songwriter Roxy Vice is featured in the April 2009 issue of Seventeen Magazine (with Lauren Conrad on the cover). Check out page 69 for Roxy’s incredible transformation and see to who she donated more than 20 inches of hair. Then be sure to check out her songs at www.myspace.com/roxyvice.

Peavey Wins Major Round In FMIC Motion to Dismiss

Mon, 16 Feb 2009 12:00:00 +0000

On February 2, 2009, the United States Trademark Trial and Appeal Board (TTAB) released its decision with respect to a Motion to Dismiss that was filed by Fender Musical Instrument Corporation (FMIC) over six months ago. In the Motion to Dismiss, FMIC unsuccessfully sought to dismiss all counterclaims which Peavey asserted against FMIC in an opposition proceeding filed with the TTAB by FMIC on January 31, 2007.

Peavey’s counterclaims allege that FMIC perpetrated fraud on the United States Patent & Trademark Office (USPTO) in the application and maintenance of its registered marks for the 1960’s “big” Stratocaster headstock profile and the 1950’s “small” Stratocaster headstock profile. Denying FMIC’s arguments, the TTAB held that Peavey’s counterclaims, in this respect, were valid and will proceed to trial. Peavey’s counterclaims put FMIC at the risk of losing both registrations for its 1960’s “big” Stratocaster headstock profile and its 1950’s “small” Fender Stratocaster headstock profile. Information and documents on the TTAB proceeding can be found on the TTAB website under Proceeding No. 91175442.

Underwhelmed Releases New Album

Thu, 12 Feb 2009 12:00:00 +0000

Brooklyn, NY rock band Underwhelmed celebrated the release of its new CD, “Reveal,” with a release party on February 4th at The Studio at Webster Hall in New York City. The capacity crowd rocked to songs from their new record, including the band’s first single, “Angel”. Other highlights included “Never Again” “With You” and “Something in Myself”. Underwhelmed is currently on tour in support of the album. Check out the band’s MySpace page for dates near you: http://www.myspace.com/underwhelmednyc

Simple Plan Nominated for Two Juno Awards

Wed, 04 Feb 2009 12:00:00 +0000

The Canadian Academy of Recording Arts and Sciences today announced The 2009 JUNO Awards nominees at a media conference held at Toronto’s Fairmont Royal York Hotel. Simple Plan was nominated in the Album of the Year and Group of the Year categories. The band will also perform live at the awards show, which will be held on March 29, 2009 at General Motors Place in Vancouver and broadcast on CTV.

Tony Trischka Wins Independent Music Award

Sat, 17 Jan 2009 12:12:00 +0000

We are very pleased to announce that legendary banjo player Tony Trischka has won the Independent Music Award for Best Album in the Americana category for his “Territory” album. Visit tonytrischka.com for more on Tony and visit independentmusicawards.com for more on all of the finalist and winners in all categories of the 8th Annual Independent Music Awards.

Little Anthony & The Imperials To Be Inducted Into Hall Of Fame

James Moeller — Thu, 15 Jan 2009 12:12:00 +0000

Bienstock & Michael is proud to congratulate our clients Little Anthony & The Imperials on their Rock and Roll Hall of Fame induction. The ceremony, which will be in Cleveland for the first time since 1997, will be broadcast live on Fuse TV. A limited number of tickets will be available to the public for the first time in the foundation’s history during a one-day walk-up sale on Jan. 24 at the Rock and Roll Hall of Fame box office in Cleveland and through Ticketmaster beginning on Jan. 26.

Other acts being inducted this year include Run-DMC, Metallica, Jeff Beck, Bobby Womack and Wanda Jackson.

Ron Bienstock Discusses Satriani-Coldplay Lawsuit

Mon, 29 Dec 2008 12:00:00 +0000

Senior Partner Ron Bienstock recently spoke with MusicRadar.com’s Michael Leonard and Joe Bosso to discuss Joe Satriani’s copyright infringement lawsuit against Coldplay. Satriani sued Coldplay, claiming the UK band’s Grammy-nominated song Viva La Vida uses “substantial original portions” of his song If I Could Fly. “This is really about publishers,” according to Bienstock in the article, which can be read here.

2008 NYSC Songwriting Contest Deadline Approaching

Wed, 01 Oct 2008 00:00:00 +0000

The New York Songwriters Circle has extended its submission deadline for the 2008 Songwriting Contest to October 10.
Also, NYSC announced that Grammy Award winning singer/songwriter Marc Cohn and Indie music sensation Dave Barnes will
be the special guests at the 2008 Contest’s live finale event, which is slated for November 6 at the Bitter End in NYC.

Visit www.songwriters-circle.com for more info and to submit your material.