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.