Fender claims social media has led to “a lot of misunderstandings about the nature and the scope” of their cease and desist blitz… as PRS confirms they were one of the brands affected
Fender’s legal campaign over the copyright of the Stratocaster body shape shows no sign of reaching a resolution, though the brand is revealing more about their perspective on the situation.
READ MORE: Gibson denied opportunity to appeal court ruling that its ES body shape is generic
Today, Fender has released to Guitar.com legal correspondence between itself and another guitar brand that references the social media storm caused by these legal threats becoming public, and claims that this has led to “misunderstandings” that it seeks to clear up.
Fender releasing the correspondence comes on the heels of a Wall Street Journal article yesterday that – in addition to reporting much of what Guitar.com has already revealed about the situation – broke the news that PRS has also been sent a cease and desist letter.
PRS, of course, is the maker of the Silver Sky – the John Mayer signature model that is heavily inspired by the Strat, and has the distinction of even outselling Fender’s original on Reverb in recent years.
PRS wouldn’t comment in detail about the letter, only telling the WSJ that, “The company said it disagrees with Fender’s assessment and declined to comment further.”
PRS joins LsL as the only two brands to confirm publicly that they have been sent these cease and desist letters – but Guitar.com can reveal that at least one other global major guitar brand has been sent one. We cannot name the brand for confidentiality reasons, but we can share that the brand in question has rebuffed Fender’s demands via its own lawyers.
Is it all a big misunderstanding?
70th Anniversary Player Stratocaster body. Image: Adam Gasson
In the correspondence that Fender released to us, which closely mirrors the document we reported on earlier this week, the brand makes it clear that they are aware of the huge social media backlash that has accompanied this story.
“These letters have triggered a substantial echo, not only from its addressees and their lawyers, but also from the media and on social media,” it reads. “From these reactions, we took that apparently there have been a lot of misunderstandings about the nature and the scope of the matter.”
The letter goes on to say that they hope the rest of the text “will clarify many aspects and will help to avoid further or continued misconceptions.”
While the letter goes on to challenge various aspects of Fender history and legal precedent raised in the original letter sent to them, the brand’s lawyers speak more generally about the perception of their actions in the wider guitar community.
“In particular, we would like to make it clear to everyone that Fender does not object to double cutaway or two horned electric guitar bodies,” it reads. “But only to such electric guitar bodies which are close copies of the design of the iconic “Fender Stratocaster.” Everybody is welcome and will be able to continue making and selling double cutaway and/or two horned electric guitars, as long as they are designed sufficiently different from the “Fender Stratocaster”.
LsL speak out
Fender Steve Lacy People Pleaser StratocasterPhoto by Adam Gasson / Guitar.com
While Fender is trying to get its side of the story across to the guitar community, the first brand who spoke out about the cease and desists, LsL Instruments, have also released a statement to Guitar.com relating to the outpouring of support they’ve received in the week or so since they launched a GoFundMe to help cover legal costs.
“We want to thank everyone in the guitar community for their support and help as we navigate such a massive situation with such massive implications,” said LsL’s Johny Miller.
“We’re not champions here. We’re just a small shop full of good people that build the best guitar we possibly can for the great people that will own and play them for a lifetime (we hope). Please continue to support us by sharing our Go Fund Me and please do know that every build counts. We are sincerely grateful for every order. Every build helps us stay afloat.
“The story of boutique guitars needs to be told. It has been presented and well received over the last few decades, but we intend to tell the whole story in the true positive light it deserves.
Most of us know each other. This community is tighter knit than most realise and there is a kindness that flows from one of us to the next. A boutique bond if you will. We plan to come together, in a most respectful and responsible manner, to help you all understand why this niche corner of the guitar world is so very special and worth protecting.”
Miller confirmed that he has begun working with other boutique builders to better tell the story of the community, and will be publishing it on his blog in the coming months, because, as he puts it, “unity always prevails”.
Fender’s own communication implies that a significant number of brands have been sent these cease and desist letters. According to Fender’s lawyers, some are opting to enter into “reasonable settlement discussions” rather than push back – it remains to be seen if the unity Miller speaks of will have any substance on this particular situation.
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Source: www.guitar-bass.net
