You bring up a very good point. In my opinion its because other companies, especially some of the excellent boutique builders, offer better quality, better customer service and customization's that Fender doesn’t provide. I don’t think that the Trademark Trial and Appeal Board decision hurt Fender, but imagine what the guitar world would be like today if they had trademarked their body designs back in the 50’s and very aggressively responded to infringement. I think a lot of guitarists and bassists gravitate towards traditional designs and many of the companies that copy Fender’s body designs might not exist today if Fender had applied for a trademark when they were first invented. Or at least the product offerings of those companies would be different. Fender does own the rights to their headstock design, and I’ve read lots of posts by people put off by G&L's, Suhr’s (which I like a lot) and Tyler’s headstocks and as a result they won’t consider buying them. I imagine the same thing would happen with guitar bodies and other originally unique design features. I think the Gibson video is more about preventing the dilution of their brand than protecting their design features. But it is entirely possible that under Gibson’s new management we’ll see a flurry of cease and desist letters and lawsuits filed.