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.
