“Our goal was simple: have a conversation… Thomann chose a different path”: Fender directly sues Thomann for copyright infringement
For months now the guitar world has watched Fender‘s dispute with the rest of the guitar industry over the Stratocaster body shape rumble on, but now things seem to have escalated once again, as the brand has confirmed it launched formal infringement action against German retailer Thomann.
Back in May, the brand sent cease and desist letters to an array of guitar companies large and small – as well as a number of retailers – demanding that they stop producing and selling electric guitars that closely resemble Fender’s Stratocaster.
The action came off the back of a ruling in a Düsseldorf court in which Chinese manufacturer Yiwu Philharmonic was found to have infringed Fender’s copyright over the Stratocaster body shape. Yiwu failed to show up to court, resulting in a default ruling.
One of the first guitar makers to reveal it had been sent a cease and desist by Fender was California-based LsL Instruments, which subsequently hired attorney and guitar industry litigation veteran Ron Bienstock to spearhead its defence.
Image: Adam GassonThe scale of Fender’s legal action has become more apparent in recent weeks, though, as PRS and Yamaha – two of the biggest guitar manufacturers on the planet – and Thomann, one of the world’s largest musical instrument retailers – have all revealed they’ve received cease and desists.
While many brands are still weighing up how to respond to Fender’s cease and desist letters, Thomann – which owns Harley Benton, a massive budget gear brand selling S-type guitars among its catalogue – announced that it was taking legal action against Fender in response, seeking for the matter to be “clarified in court not only for our own company, but for all parties involved”.
Thomann said it was acting on behalf of smaller guitar builders which “do not have the financial and legal means to conduct such a legal dispute”. Thomann is notably the largest musical instrument retailer in Europe, and one of Fender’s biggest retail partners, stocking a significant number of Fender guitars among its inventory.
Now, Fender has responded, filing an infringement action in the Regional Court of Düsseldorf where it won the copyright case, and setting the stage for a huge showdown between the two behemoth companies.
In a statement shared with Reuters and Guitar World, Fender takes aim at Harley Benton, Thomann’s in-house budget gear brand, which sells a selection of Stratocaster-style guitars among its product lineup.
Image: Harley Benton via YouTube
“From the beginning, our goal was simple: have a conversation,” the statement reads. “Like many other companies across Europe, we reached out to Thomann to discuss practical ways to differentiate products while respecting Fender’s intellectual property. Our preference has always been dialogue and practical solutions – not litigation.
“Unfortunately, Thomann chose a different path. Rather than continuing that dialogue, it initiated legal proceedings asking the court to determine that it can continue selling guitar body designs that Fender believes copies the iconic Stratocaster. Today’s filing is Fender’s response and the expected next step in the legal process.”
Fender also reiterates its “preference” to “resolve these matters through direct dialogue rather than litigation”.
“In many instances, companies have chosen to work collaboratively with us to explore practical solutions, including design modifications that clearly differentiate their products while continuing to serve musicians,” the company continues.
“This matter is different. Thomann isn’t a small independent guitar builder. It is one of the world’s largest musical instrument retailers, one of Fender’s largest retail partners, and the owner of Harley Benton, one of Europe’s largest guitar brands.”
Fender says that its Stratocaster cease and desist action was not because it opposes competition.
Image: Adam Gasson
“Fender has competed – and thrived – for nearly 80 years because musicians have choices. We welcome companies that challenge convention, develop new technologies, and create original instruments that inspire players,” it goes on. “That’s how this industry grows.
“What doesn’t move the industry forward is copying someone else’s iconic design instead of creating the next iconic design. We believe the guitar industry is strongest when innovation flourishes, musicians have meaningful choices, and companies compete by bringing new ideas to players around the world.”
Since the news of Fender’s Strat cease and desist letters broke in May, the guitar community has responded with ire, with large creators with hundreds of thousands of followers – including Rick Beato, Rhett Shull and Tim Pierce – criticising Fender’s move.
The new statement from Fender comes just a month after CEO Edward “Bud” Cole appeared at a dealer event, and attempted to calm down the controversy by saying Fender was “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,” he said.
Fender’s full statement
Following Thomann’s recent Declaration of Non-Infringement action, Fender today filed its infringement action in the Regional Court of Düsseldorf in response to the litigation Thomann chose to initiate.
Earlier this year, the Regional Court of Düsseldorf recognized copyright protection for the Fender Stratocaster body shape as a work of applied art under European law. Following that decision, Fender engaged manufacturers, distributors, retailers, and online marketplaces across Europe whose products feature body designs that Fender believes are confusingly similar to the protected Stratocaster design. Our objective has been straightforward: protect Fender’s intellectual property, reduce consumer confusion, and explore practical solutions—including modifications that clearly differentiate products from the Stratocaster.
Those conversations continue today, and our preference has always been to resolve these matters through direct dialogue rather than litigation. In many instances, companies have chosen to work collaboratively with us to explore practical solutions, including design modifications that clearly differentiate their products while continuing to serve musicians.
This matter is different.
Thomann isn’t a small independent guitar builder. It is one of the world’s largest musical instrument retailers, one of Fender’s largest retail partners, and the owner of Harley Benton, one of Europe’s largest guitar brands.
From the beginning, our goal was simple: have a conversation. Like many other companies across Europe, we reached out to Thomann to discuss practical ways to differentiate products while respecting Fender’s intellectual property. Our preference has always been dialogue and practical solutions—not litigation.
Unfortunately, Thomann chose a different path. Rather than continuing that dialogue, it initiated legal proceedings asking the court to determine that it can continue selling guitar body designs that Fender believes copies the iconic Stratocaster. Today’s filing is Fender’s response and the expected next step in the legal process.
For more than 70 years, the Stratocaster has been one of the most influential and recognizable guitar designs in history. It has inspired generations of musicians, helped shape modern music, and become an enduring symbol of creativity around the world.
Fender has proudly served as the steward of one of the most iconic instrument designs in music history. We don’t take lightly our responsibility to protect that legacy. We believe that responsibility extends beyond Fender itself—to the artists, players, dealers, builders, partners, employees, shareholders, and the broader music community who have made the Stratocaster an enduring part of music history.
Let’s be clear: competition isn’t the issue. Fender has competed—and thrived—for nearly 80 years because musicians have choices. We welcome companies that challenge convention, develop new technologies, and create original instruments that inspire players. That’s how this industry grows.
What doesn’t move the industry forward is copying someone else’s iconic design instead of creating the next iconic design. We believe the guitar industry is strongest when innovation flourishes, musicians have meaningful choices, and companies compete by bringing new ideas to players around the world.
We’re proud of what the Stratocaster has meant to generations of musicians, and we believe it’s worth protecting. At the same time, we believe the future of the guitar industry depends on original thinking, bold ideas, and the next generation of great instruments. That’s the future Fender has always believed in—and it’s the future we’ll continue to support.
The post “Our goal was simple: have a conversation… Thomann chose a different path”: Fender directly sues Thomann for copyright infringement appeared first on Guitar.com | All Things Guitar.
Source: www.guitar-bass.net
