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ALUMNI PROFILE:
Ronald Bienstock '81
"My Life Is a Dream Gig"
It would be difficult to find a happier California Western alumnus than Ron Bienstock. For more than 25 years he’s been able to pursue his twin passions - law and music.
In his day job at Bienstock & Michael, he’s one of the industry’s most respected entertainment law and IP attorneys. In his spare time, he’s a talented bass player whose rock group, “The Suits,” has appeared on various television shows including ”Late Night with Conan O’Brien.“ If that wasn’t enough, this past spring Bienstock, 53, won the biggest case of his life when he successfully represented 18 guitar manufacturers in stopping Fender Musical Instrument Corporation from trademarking three of its most popular guitar shapes more than a half century after it had created them.
Res Ipsa: With your victory over Fender, you’re being called everything from “The Man Who Saved the Guitar” to “The Real Guitar Hero.”
Bienstock: That’s funny because it’s a little over the top. But there’s no question the case was gigantic and not just for guitar makers and musicians. I really believe the decision by the U.S. Trademark Trial and Appeal Board - which we battled six long and contentious years to achieve - had we lost, it would have turned trademark law on its head. The decision will set a precedent that will establish for all kinds of product manufacturers what is generic and what can be trademarked.
Res Ipsa: What was the key issue in the Fender case?
Bienstock: Back in 2003, Fender very quietly applied to trademark the shapes of its Stratocaster, Telecaster, and Precision electric guitar and basses. When the other manufacturers found out about it, my firm was hired to fight that application, which if registered, would have devastated the global guitar industry. We argued that because Fender had never actually used the shapes as trademarks since introducing them in the 1950s, and that because thousands upon thousands of guitars in those shapes had been manufactured by other guitar makers around the world, the shapes had become generic and could not be trademarked. We literally said, “the horse was out of the barn.” Despite a high-powered intellectual property law firm and all the money the biggest guitar maker in the world could throw at the case, the government agreed with our very hardworking team, and we were, to say the least, thrilled. Even more so because there was no appeal.
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