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Fame of Gibson Guitar's "Dove Wing Peg Head" Design Brings TTAB 2(d) Victory

Finding Gibson's incontestably registered "Dove Wing Peg Head" design (shown on the right) to be "both distinctive and famous in connection with guitars," the Board sustained an opposition to registration of the mark shown below for "guitars," finding it likely to cause confusion with Gibson's mark. It concluded that Applicant adopted its headstock design while aware of the custom in the trade to utilize headstock designs as source indicators, and fully apprised of Gibson's famous design. Gibson Guitar Corp. v. Concordia Investment Partners, Inc., Opposition No. 91170847 (June 10, 2009) [not precedential].Gibson and its predecessors have used the "Dove Wing Peg Head" design since at least 1922 and since 1952 it has been a prominent feature of Gibson guitars, including the popular Les Paul series...continue to full post

Full post as published by The TTABlog on June 12, 2009 (boomark / email).