Thomann Takes Fender to Court Over Stratocaster Cease-and-Desist Campaign
Back in May, Fender reportedly sent cease-and-desist letters to manufacturers around the world, demanding they stop making Stratocaster-style guitars. The move sent waves through the music world, and now some of it is coming back at Fender.
German retail giant Thomann is suing Fender in a legal escalation of the issue. The company, founded in 1954, has long carried the Fender brand, as well as many other brands of Strat-shaped guitars, including its own Harley Benton label. Thomann explained the situation and their position in a blog on their website.
“Fender recently obtained a so-called default judgment at the Düsseldorf Regional Court against a Chinese company trading in S-style guitars. This judgment is based on missed deadlines, i.e. pure formalities, and does not, in our opinion, represent a comprehensive review of the legal claims,” they write. “On this basis, Fender is now attempting to enforce a fundamental copyright claim to the body shape of the Stratocaster and is simultaneously taking action against European dealers and manufacturers. American manufacturers who sell their instruments in Europe, however, are also affected. After careful consideration, we have decided to take legal action. We have done so because we are convinced that the questions raised here go far beyond a mere legal dispute and affect the future of diversity, innovation and competition in our industry.”
Fender’s letters were sent to manufacturers large and small, with confirmations from PRS and LSL. Guitar.com reports that the latter has been gearing up for a courtroom showdown, but that Thomann is “the first legal rebuttal to the campaign from an affected brand that goes on the offense rather than the defense.”
Thomann’s full case against Fender has not been revealed, but their blog post states they’re urging Fender to “stop issuing cease and desist demands against manufacturers, distributors and dealers and to return to a fair, cooperative partnership.”
“We used to be a small music store ourselves and know exactly where we have come from,” CEO Hans Thomann explains. “Diversity, fairness and respectfully dealing with each other have always been part of our philosophy. Many of those affected do not have the financial and legal means to conduct such a legal dispute. We therefore see it as our responsibility to have this matter clarified in court not only for our own company, but for all parties involved.”
From a bassist’s point of view, Fender’s logic could quickly lead to actions against manufacturers that produce P-style and J-style basses. The designs are the inspiration for countless models by builders around the world.
We’ll keep you updated as the story unfolds.
In his time with No Treble, Kevin has met hundreds of amazing bassists and interviewed icons like Jack Casady, Victor Wooten, Les Claypool, Marcus Miller, and more. He's a gigging bassist performing jazz in Northern Virginia and bluegrass with The Plate Scrapers up and down the East Coast. Kevin appreciates all genres of music, from R&B to metal and everything in between. Connect with Kevin on Facebook and check his performance schedule on his website.
