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Meet the Real Guitar Hero: Bienstock & Michael, P.C., Wins Landmark Ruling Against Fender
04/08 11:32 am (PR)




Meet the Real Guitar Hero: Bienstock & Michael, P.C., Wins Landmark

Ruling Against Fender



HACKENSACK, NJ -- (MARKETWIRE) -- 04/08/09 --
For the last six years, Ronald Bienstock, Senior Partner, Bienstock &
Michael, P.C., has been fighting for the rights of guitar manufacturers
around the world to freely continue their meaningful craft. Today his
long and hard fought legal battle is finally over. He has saved the
guitar industry from global domination.
Many people might be shocked to learn that in March of 2003, Fender
Musical Instrument Corporation (FMIC), the largest guitar manufacturer in
the world, quietly applied to trademark three guitar body shapes
(Stratocaster, Telecaster and Precision Bass electric guitars and bases)
that have been widely made by hands and machines all over the world for
over 50 years.
"If Fender would have been granted the trademarks, thousands of guitar
makers would have been out of work," said Ronald Bienstock, Founding
Partner of Bienstock & Michael and a prolific bassist who has appeared on
Conan O'Brien and CNBC with his band, "The Suits." "Until very recently,
the future of the global guitar industry hinged upon whether a few angles
and lines were synonymous with Fender, but the court finally found that
the over 20,000 pages of evidence we produced demonstrated that a single
source cannot be identified with these shapes."
In 2004, Bienstock was unanimously selected by 17 large and small
guitar
manufacturers to oppose the trademark applications of Fender that would
have destroyed their livelihoods and those of guitar makers everywhere.
Almost six years to the day Fender filed the application, on March 26,
2009 the United States Trademark Trial and Appeal Board found in favor of
guitar manufacturers that opposed the applications. The court ruled that
if the trademark is not treated or promoted and protected as a trademark
then that design may become generic.
"Filing those applications at this point was like trying to trademark


round watches," said Bienstock. "In fact, the court noted that the

Stratocaster body outline is depicted as a generic electric guitar in the

dictionary."

The Guitar Manufacturers Who Opposed the Applications Include:
Indoor Storm, Ltd., Jim Triggs Guitars, JS Technologies, Inc., Lakland
Musical Instruments, LLC, Levinson Musical Products, LTD., Michael Tobias
Design, Peavey Electronics Corporation, Raise Praise, Inc. d/b/a/ Tom
Anderson Guitarworks, Sadowsky Guitars Ltd., Saga Musical Instruments,
Schecter Guitar Research, Inc., Stuart Spector Designs, Ltd., The ESP
Guitar Company, Tradition Guitars, Inc., U.S. Music Corp., Warmoth Guitar
Products, Inc. and WD Music Products, Inc.
About Bienstock & Michael, P.C.
Bienstock & Michael, P.C. is a full-service intellectual property and


entertainment law firm with offices in New Jersey and New York.

Before founding the firm, Ronald Bienstock was editor-in-chief and
publisher of International Musician & Recording World and was General
Counsel to Hoshino, U.S.A. (manufacturer of Ibanez Guitars, electronics,
and Tama drums). In 1991, Ron was voted one of the top 100 "Most
Influential People In The Music Business" by BAM Magazine.
Ron teaches Entertainment Law as an adjunct professor at New York


University and is a frequent guest lecturer for various graduate and

undergraduate schools across the country. He is a frequent commentator on

music issues for numerous mainstream and trade press publications.

To learn more about Bienstock & Michael, P.C., please visit

www.musicesq.com

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Media Relations Contact:
Amy Dean

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