Gibson Watched Fender Lose Germany — And Made the Exact Same Mistake

In 2026, Fender is fighting a legal battle over the Stratocaster's body shape like it's brand new territory. It isn't. They already tried this once — and lost. Back in the early 2000s, Fender attempted to trademark the Stratocaster, Telecaster, and Precision Bass body shapes in the United States. A coalition of more than a dozen manufacturers — including ESP, Schecter, and Suhr — banded together to oppose it. After years of litigation, the Trademark Trial and Appeal Board denied all three applications, ruling the Stratocaster shape had become so common it was used to depict a generic electric guitar in a dictionary. This video breaks down that 2009 ruling: how it happened, why the board decided the way it did, and why it matters right now as Fender opens a new front in Europe using a completely different legal strategy. If you're wondering how a company can lose a case like this and still come back for round two, this is the video that explains it.