Fender Sues Over Guitar Shape

Fender, the manufacturer of the renowned Stratocaster electric guitar, has filed a lawsuit in a German court against instrument retailer Thomann. The legal action, initiated this week in Düsseldorf, centers on allegations that Thomann's Harley Benton-brand guitars replicate the classic Strat shape, which recently gained copyright protection in Europe for Fender.

This dispute emerged after Fender sent cease and desist letters in May to various companies, including Yamaha, urging them to halt the production and sale of Strat look-alikes destined for the European market. Fender asserts that its Stratocaster is a distinctive design, despite its widespread influence, evident even in the generic guitar emoji.

In response to Fender's enforcement actions, which have drawn criticism from some guitar enthusiasts, Thomann filed a legal action in June seeking a declaration of non-infringement. Thomann argues that Fender's copyright claim is invalid, partly because the earlier European ruling was a default judgment against a party that did not contest the claim.

Fender reports selling approximately 500,000 Strats annually, with 34,000 sold in Germany. The company highlighted that Thomann, a major retail partner, estimates selling 10,000 Fender Strats per year, underscoring the scale of the alleged infringement by Thomann's own brands.