Gibson originally introduced its "Flying V" Guitar shape in 1958, but waitied until 2010 to file an application in the European Union Intellectual Property Office to protect the iconic shape as trade dress. A German guitar manufacturer challenged Gibson's exclusive right to the guitar shape. After nine years and two appeals, a panel of three judges sitting on the the European Union General Court has determined that, while the shape may have been very original when it was originally released, the current presence on the market of a number of similar shapes makes it unlikely that consumers will regard one particular shape as belonging to a specific manufacturer. The General Court made this finding despite Gibson's submission of survey evidence in eight European Union countries.
Guitar Maker Gibson Loses Bid to Trademark Body Shape of "Flying V" in EuropeWritten by W. John Eagan
Mr. Eagan earned his bachelor’s degree in Mechanical Engineering from Lehigh University and his law degree, with honors from the University of Miami. While at the University of Miami he served as the Inter-American Citator and an Articles and Comments Editor for the Inter-American Law Review. Mr. Eagan is admitted to practice law in the State of Florida and concentrates his practice in Intellectual Property litigation.
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