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In a major twist to the Fender Musical Instruments Corp. vs. Peavey Electronics Corp. case, the latter’s attorney on March 5 asked the Trademark Trial and Appeals Board (TTAB) to cancel two prominent Fender headstock trademarks. Ron Bienstock, lawyer for Bienstock & Michael, P.C., has asked the TTAB to cancel patents for the ‘733 and ‘869 headstocks—which were previously granted to Fender by the United States Patent and Trademark Office (USPTO)—due to “inconsistencies in the chain of title.” The TTAB is a division of the USPTO.

“It is our position that there are numerous inconsistencies with the declaration in respect to the chain of title in both the ‘869 and ‘733 headstock,” Bienstock told the Retailer. “The ‘869 is often referred to as the ‘larger headstock’ and the ‘733 as the ‘smaller headstock.’ We’re asking for a cancellation of the registrations they have for the two headstocks.

“There are three or four different versions on how the chain of title goes from point A to point B,” he continued. “They can’t all be correct. [Also being disputed] is first dates of usage and on what instruments they actually consisted of.”

The chain of title Bienstock is referring to includes what he alleges to be a transfer of ownership from Fender Electronic Instruments Corp. to Columbia Records Distribution Corp. (not CBS Inc. as most believe). “[U]pon information and belief, CBS Inc. did not acquire any purported common-law trademark rights to the ‘869 headstock from Columbia Records Distribution Corp,” wrote Bienstock… “[Fender’s] alleged predecessor-in-interest, CBS Inc., perpetrated fraud upon the USPTO in applying for registration of the ‘869 headstock.”

Fender’s attorney, Oscar Alcantara of the law firm Goldberg, Kohn, Bell, Black, Rosenbloom & Moritz, Ltd., said his client did not want to make comments about these charges at this time. “We would prefer to make statements in the public proceedings,” said Alcantara. He added that Fender, at the time of our interview, still had plenty of time to file a rebuttal to Bienstock’s statements.

For more information on the case, visit www.uspto.gov, look for the TTAB tab, and look under serial number 78743406 or opposition number 91175442.

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