Fender has ramped up its legal campaign to protect the Stratocaster design by sending a cease and desist letter to a US-based boutique guitar company, ordering that it stops making, selling and marketing its S-style guitars.
The Tone Nerds YouTube channel reports that LSL Instruments, based in California, received a letter from Fender’s lawyers. LSL subsequently launched a GoFundMe campaign to raise funds for a legal defence, arguing that the case sets a precedent that could upend the industry, restricting competition and creating a monopoly over guitars with a Stratocaster-style double-cutaway body.
Furthermore, YouTuber Phillip McKnight claims that he has been contacted by a number of small builders in similar positions, and says that “apparently Fender has decided to go nuclear on all small builders – and just builders period”.
The news follows Fender’s historic legal victory in March when the Regional Court of Düsseldorf ruled that the Stratocaster was “an original creative work”, and as such was covered by a range of legal protections in Germany and the EU. Fender could take action against any company who made guitars with the Stratocaster body design and sold them into the EU market, regardless of where the guitars were made or the company is based.
At the time, Aarash Darroodi, general counsel and chief administrative officer at Fender Musical Instruments Corporation, said the ruling supports “fair competition”.
“This ruling is a meaningful affirmation of the Stratocaster as an original creative work and an important step in continuing to protect the integrity of Fender’s designs and intellectual property,” said Darroodi. “It reinforces our commitment to originality, supports fair competition, and helps ensure that when players encounter these iconic Fender guitar shapes, they can trust the craftsmanship, quality, and heritage behind them.”
LSL, whose staff includes former Fender master builder Chris Fleming, argues that the Stratocaster body design was never copyrighted by Leo Fender, only the headstock. It says the German legal ruling will have far-reaching consequences beyond the EU.
“This threatens not only our business, but also the future of S-style guitars for builders and players across the European Union,” reads its statement on GoFundMe. “However, the demand stated that we stop making and selling S-style guitars, period. If successful, it would establish a monopoly, limiting sales and restricting choice for musicians everywhere.”
Fender had previously lost its legal campaigns to trademark the Stratocaster and Telecaster bodies, with the Trademark Trial and Appeal Board of the United States Patent and Trademark Office ruling that the Stratocaster body was now a “generic” electric guitar design. That campaign lasted five years and comprised of over 20,000 pages of evidence.
The question these cease and desist letters raise is just how far and how deep will the impact from the German court’s ruling be?
Could we see a situation in which all guitar makers who have an S-style model in their lineup will be prevented from selling them in the EU? Also, what other manufacturers have received letters? Would Fender try to stop the PRS Silver Sky from being sold in the EU?
Boutique builders such as Suhr and Xotic could be at risk. There are a number of Harley Benton guitars with S-style bodies, too. Presumably, these, too, could similarly be at risk of legal censure.
The reaction in the guitar community has not been positive. Tim Pierce uploaded a video to his YouTube channel saying it was “brand suicide”.
But the court of public opinion is ultimately not what matters. When the Regional Court of Düsseldorf ruled against Yiwu Philharmonic Musical Instruments Co in absentia, with future infringements making it liable for fines up to €250,000, it might just have changed the guitar industry for good.
Fender has been approached for comment.
