Can Fender protect the Stratocaster body shape as trade dress after decades of similar guitars in the marketplace?

The BKK Beat is a video series from the attorneys at Bean, Kinney & Korman, bringing viewers an inside look at news narratives through BKK's legal lens.

For Episode 29, Kandis Koustenis and Tim Hughes continue their multi-part discussion of Fender's efforts to protect the Stratocaster design. This installment turns to trademark law and trade dress: what product-design trade dress can protect, why trademark rights may continue indefinitely, and what Fender would need to prove to show that consumers associate the guitar's body shape exclusively with Fender. They also examine acquired distinctiveness, the evidence courts consider, the effect of widespread third-party use, Fender's prior setbacks, and the practical lesson for businesses: waiting too long to police and enforce a mark can weaken the rights a company hopes to preserve.

This is Part 2. Watch Part 1 here: The BKK Beat, Episode 28: IP Law in the News - Fender's Stratocaster, Part 1

ABOUT THE SPEAKERS

Kandis Koustenis is a shareholder with Bean, Kinney & Korman, focusing her practice on intellectual property strategies, protection, and enforcement. To learn more about Kandis, visit: https://www.beankinney.com/people/kandis-koustenis/

Timothy R. Hughes is a shareholder with Bean, Kinney & Korman who advises nonprofit organizations, associations, and businesses on governance, transactions, risk management, and disputes. To learn more about Tim, visit: https://www.beankinney.com/people/timothy-hughes/

For more information, visit Bean, Kinney & Korman: https://www.beankinney.com/

This content was prepared for informational purposes only and was not intended to provide legal advice. Consult a lawyer. Any views expressed herein are those of the author(s), and are not necessarily the views of this firm or any client. This video may be considered attorney advertising under the rules of some states. Prior results do not guarantee or predict a similar outcome in any future matter.