Thomann sues Fender over Stratocaster cease and desist letters
Thomann is suing Fender over its recent campaign of cease-and-desist regarding alleged infringement on the Stratocaster body shape. The retailer has also confirmed that its sub-brand Harley Benton has received a letter over its own guitars.
READ MORE: Fender CEO responds to cease-and-desist backlash, says company is “not suing anybody”
Per a statement published by Thomann, the brand said it has been following the development of Fender’s cease-and-desist campaign “with great concern,” and noted that the original legal decision that empowered the letters was a default judgement, delivered when the defendant did not appear in court. The statement continues: “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.”
Until now, it was known that the letters were fairly widespread, however PRS and LSL were the only two brands to publicly confirm that they had received them. Thomann’s statement confirms what many commentators suspected – Harley Benton was one of the brands to receive a letter.
The statement as a whole asserts that Thomann wants to see the matter resolved in unbiased court proceedings. As the initial decision was simply a default judgement, legal proceedings were limited – discovery relating to the usage of the S-style body shape didn’t take place, and so it is possible that a more involved case could come to a different conclusion to the copyright and/or trademark status of the body shape.
While the letters have inspired furor and backlash on social media and YouTube for weeks – particularly due to the size disparity between Fender and LSL – LSL only recently confirmed it was gearing up for a legal fight, hiring experienced guitar lawyer Ron Bienstock. Thomann’s lawsuit is the first legal rebuttal to the campaign from an affected brand that goes on the offence rather than the defence.
CEO Hans Thomann echoes this David-and-Goliath within Thomann’s statement: “We used to be a small music store ourselves and know exactly where we have come from,” he says. “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.”
The full nature of the lawsuit and Thomann’s actual legal arguments are not yet public, however the existence of the suit itself is a notable shift in temperature for Fender. Thomann is the biggest musical instrument retailer in Europe, and doubtless one of Fender’s own biggest dealers. The fact that Thomann is initiating its own legal action, rather than waiting for Fender to follow-through on the threats within the cease-and-desist, indicates a certain level of confidence regarding the issue, and that strength of feeling around Fender’s campaign is not limited to just social media and YouTube commentators.
Fender has been contacted for comment.
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Source: www.guitar-bass.net
