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Precedential No. 13: TTAB Axes Fender Guitar Shapes, Finding Them Generic or Lacking Acquired Distinctiveness

Sixteen guitar companies (and one retailer) banded together to successfully oppose Fender's applications to register the three product configuration marks shown below, for "guitar bodies." In a 75-page opinion, the Board ruled that the designs are generic, and alternatively that Fender's proof of acquired distinctiveness was insufficient to merit registration under Section 2(f). [This posting will hit only the high notes (which, to Fender's ear, may be the low notes).] Stuart Spector Designs, Ltd. v. Fender Musical Instruments Corporation, Oppositions Nos. 91161403, 91161405, et al. (March 25, 2009) [precedential].(Stratocaster, Telecaster, Precision Bass)Genericness: With regard to a product configuration, "genericness may be found where the design is, at a minimum, so common in the industry that it cannot be said to identify a particular source...continue to full post

Full post as published by The TTABlog on April 03, 2009 (boomark / email).