Thomann, the world’s largest musical instrument retailer, is tackling Fender head-on in an effort to see off the US giant’s controversial wave of Stratocaster cease-and-desist demands, launched last month in an attempt to curb the production and sale of ‘S-style’ guitars.
The German firm, which also operates the Harley Benton brand - itself hit with a cease-and-desist - has posted a lengthy statement on its blog, explaining the push-back.
“After careful consideration, we have decided to take legal action”, the statement reads. “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.”
Of the specific ruling underpinning Fender’s push, issued in March, Thomann says, “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.
“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.”
It also admits that, “Of course, the current escalation of the situation also affects us.
“We want to be able to offer you the entire range of the guitar world in the future. As a retailer and a manufacturer, we are experiencing the effects of current developments from a number of perspectives. Our Harley Benton brand is affected, too.
Thomann CEO Hans Thomann himself comments, “We used to be a small music store ourselves and know exactly where we have come from. 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.”
Concluding, the German firm’s statement says, “We urge Fender to stop issuing cease and desist demands against manufacturers, distributors and dealers and to return to a fair, cooperative partnership.
”Because we are convinced of this: The future of the guitar world depends on diversity, innovation and the freedom to create.”
In May, Fender launched its campaign to prevent other firms making and selling ’S-style’ guitars which closely resemble its original Stratocaster design. The firm had previously lost a legal campaign 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.
Following a public backlash to the campaign, Fender CEO Edward ‘Bud’ Cole last week told an audience of dealers that, “First and foremost, Fender is not suing anybody. What we’ve done is reach out thoughtfully and respectfully to a handful of companies whose guitars come extremely close to replicating the iconic Fender Stratocaster design.”
