Right, I've had some time to digest this and now have a considered response for you. Now I am not a lawyer, so this is this layman's understanding of the situation which will hopefully at least explain where I'm coming from.
First off, it's not a patent, it's a trademark.
https://tsdr.uspto.gov/#caseNumber=77407809&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
Patents generally run out in 20 years (the reason why we're allowed to buy (classic) Nespresso pods from anyone nowadays - for the first 20 years you could only get them from Nestlé so that Nestlé could make reasonable hay whilst the sun shines off the back of their invention). Trademarks are a different beast, they remain in force as long as the fees are paid and you are seen to be enforcing them. But they should really stick to the trademark as registered. Let's read the description...
"The mark consists of a fanciful design of a headstock of a guitar, namely, a two dimensional bass guitar headstock outline of compact shape, featuring a straight side on the left and a curved side on the right, forming the appearance of the "bow of a canoe" at the top of the headstock. The dotted lines are not part of the mark and serve only to show the position or placement of the mark."
Now, I read this slowly several times, and I couldn't find any mention of the position of the tuners. Also, the last sentence is significant. Let's look at the picture submitted:
Hmm, I see dotted lines around all the tuners. "The dotted lines are not part of the mark and serve only to show the position or placement of the mark." Please explain to me why I'm wrong to think that this trademark covers solely the shape of the headstock and has the square root of naff all to do with tuner arrangement.
And if you think it has nothing to do with individuals, I'll just leave this here:
Taken from https://forums.ernieball.com/threads/trademark-of-tuners-setup.45317/
It is unfortunate that companies simply roll over at the slightest "cease and desist" letter from this bully and his representatives, but I can understand why - they don't want to tie up their product launch in months to years of litigation, paperwork and expense (even though I think they'd "win" in the legal sense). Unfortunately, this emboldens bullies who indulge in this practice to continue their egregious use of the trademark system to squash competition. What are they afraid of anyway? Are you seriously telling me that people would confuse this:
with this?
To my mind (and it's my opinion, I have no proof), EBMM appear to be being a bunch of bullies who are abusing the trademark system in order to squash competition.
I've said my piece - I know you're not going to agree, or like it, but if you're going to use me as a leaping off point to have a moan, I would prefer it if you got your facts straight.