Yamaha has become the latest target in Fender’s ongoing campaign to win legal protections for the design of the Stratocaster.
Reuters reports that the Japanese gear giant received a cease-and-desist letter in May from Fender’s legal representatives.
Yamaha did not reveal which models were mentioned in Fender's letter, but with only one S-style guitar in the catalogue it is a safe bet that it is the Pacifica that the Big F has taken exception to.
Fender sent a number of cease-and-desist letters to manufacturers of S-style guitars after the Regional Court of Düsseldorf's ruling in March that stated the Stratocaster was “an original creative work”, thus entitling it to legal protections in Germany and the EU.
The case was brought against Yiwu Philharmonic Musical Instruments Co, which was selling Strat knock-offs on the online retail platform AliExpress. The Chinese company did not attend the hearing. Fender described the court’s decision as “historic”.
In May, it was revealed that LSL Instruments received a cease-and-desist from Fender's lawyers. LSL launched a GoFundMe to support its legal fees. But the campaign was not restricted to small builders. PRS was also in Fender’s sights, its John Mayer signature model, the Silver Sky, becoming the most high-profile S-style electric guitar to be targeted.
The Pacifica has become almost ubiquitous since it officially joined the Yamaha catalogue in 1991. Like the Stratocaster, it has a double-cutaway body shape. Like the Silver Sky, it offers a distinctly different take on the Strat’s double-cutaway.
The Pacifica has an offset waist and narrower, more angular horns. The ergonomics are different, with the Pacifica’s contouring more aggressive.
Yamaha said it was “reviewing the notice and weighing how to respond”. Other recipients of Fender’s cease-and-desist letters have already decided on their response – Thomann has gone on the counterattack and sued Fender. The German gear retail giant owns Harley Benton, which runs a number of S-style guitars in its range.
“After careful consideration, we have decided to take legal action,” read Thomann’s statement. “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.”
Thomann questioned the legal weight of the German court ruling against Yiwu, arguing that a ruling given in absentia against the Chinese company was a win by default.
“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,” said Thomann. “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.”
Thomann is the world’s biggest gear retailer, Yamaha its biggest gear manufacturer. Expect some twists to come.
Last month, Fender CEO Edward 'Bud' Cole' addressed the controversy over the legal campaign at a dealer event, and said the company had reached out "thoughtfully and respectfully" and said the campaign to protect the Strat's copyright was a work in progress.
