IP Update on Gibson Trademark Disputes

SH Partner Ronald S. Bienstock Provides Updates on Gibson Trademark Disputes

IP Update on Gibson Trademark Disputes

IP Update on Gibson Trademark Disputes

SH Partner Ronald S. Bienstock Provides Updates on Gibson Trademark Disputes

Author: Scarinci Hollenbeck|September 13, 2019

Ronald S. Bienstock, Partner & Chair of Scarinci Hollenbeck’s Intellectual Property practice group, continues to be involved in high-profile trademark dispute cases involving major brands in the musical instrument industry. Most recently, Mr. Bienstock has been involved in several major trademark disputes against Gibson Brands, Inc. (“Gibson”), two of which he discusses in detail in the video below:

https://scarincihollenbeckmarketing.wistia.com/medias/cptsggolrm

In the first case, Mr. Bienstock played a critical role assisting in the representation of Warwick GmbH & Co. (Warwick), a German guitar company, in a longstanding trademark dispute against Gibson before the Second Chamber of the EU General Court. The Second Chamber ultimately dismissed Gibson’s appeal to reinstate their trademark of the “Flying V” guitar body shape with the European Union Intellectual Property Office (EUIPO). The Second Chamber agreed with Warwick’s argument that numerous guitar manufacturers across the world make V-shaped guitars and, thus, the relevant public does not view V-Shaped guitars as belonging to any single guitar maker.

In the second case, Mr. Bienstock is involved in the representation of ten different musical instrument companies opposing Gibson before the U.S. Patent and Trademark Office (USPTO). The matter involves Gibson’s trademark of the ES-335 guitar body shape. Mr. Bienstock argues that the ES-335’s two-dimensional shape does not serve as a source indicator for any singular musical instrument company because hundreds of companies have manufactured, advertised and sold guitars using that shape for decades. The matter is currently ongoing and Scarinci Hollenbeck will continue to provide updates as they come.

About Ronald S. Bienstock

Ronald S. Bienstock is a corporate, entertainment, and intellectual property practitioner who represents both businesses and individuals. He handles all aspects of complex intellectual property and entertainment transactions including drafting, structuring, and negotiating contracts and licenses for a variety of high-profile clients, many of whom are noted songwriters, recording artists, producers and well-known musical instrument companies. Among his many landmark legal wins was a victory against Fender Musical Instruments Corporation. Representing 17 guitar manufacturers in the trademark opposition proceeding against Fender, Mr. Bienstock successfully argued that Fender should not be allowed trademark registrations to three guitar and bass body shapes. In May 2019, Mr. Bienstock was appointed as Chair of the New Jersey State Bar Association’s (NJSBA) Section of Entertainment, Arts and Sports Law.

You can learn more about Ronald S. Bienstock here.

Please Share This article

About Author Scarinci Hollenbeck

Scarinci Hollenbeck

With a growing practice of more than 70 experienced attorneys, Scarinci Hollenbeck is an alternative to a National 250 law firm. With offices in New Jersey, New York City, San Francisco, CA, and the District of Columbia, we serve the niche practice areas most often required by institutions, corporations, entities, and the people who own and control them. Since the firm was founded in 1988, we have maintained our reputation for getting things done.

Contact Practice Representative

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.