Patents usually last 20 years or so. But a trademark on a body look could potentially allow Gibson to monopolize a guitar shape forever. In this article Raines Feldman partner, Bill Hochberg shares his thoughts on the pending litigation. Bob Shore also notes, “The body of law that protects functional creations is patent law, not trademark law. Patent law has built-in limitations, not the least of which is a strict time limit for patent protection. Trademarks, in contrast, can last forever.”
Read Forbes article here.