Fender has sent Yamaha a cease-and-desist in Stratocaster crack-down
Yamaha has confirmed it was among the recipients of Fender’s wide-ranging campaign of cease-and-desist letters over the Stratocaster body shape, now joining PRS, LSL and Thomann/Harley Benton. More brands have likely received letters, although only a handful have publicly confirmed.
READ MORE: “We don’t hate Fender”: LSL Instruments praises Thomann’s lawsuit against Fender and hopes “normality” will return soon in its battle with the guitar giant
Yamaha told Reuters that it had received a letter – but did not specify which models were affected, or share any other details of the claim. The brand did confirm it was weighing how to respond. The letters have been sent to brands selling S-style guitars in the EU, as they are based on a legal decision made in a German court.
Fender also gave a statement to Reuters, saying, “protecting these iconic designs is part of Fender’s obligation as a steward of the brand, its legacy, and the authenticity musicians associate with Fender instruments. We remain open to engaging constructively with partners and companies across the industry.”
The cease-and-desists have sparked wide-scale backlash across the guitar community, which CEO Bud Cole addressed in a meeting with dealers. Cole’s statement that Fender was “not suing anybody” failed to quash the controversy, as many felt it was an obfuscation of the fact that Fender was still sending letters containing legal threats.
Shortly after this statement from Cole, Thomann revealed it was suing Fender over the threats – its own sub-brand Harley Benton was one of the makers to receive a letter. Thomann explained that it was fighting the legal fight in part on behalf of the many smaller makers that could not, and wanted to have the copyright status of the Stratocaster body hashed out in a more detailed court case rather than via a default judgement.
The stone that started the avalanche of this entire saga was, back in March, Fender winning a default judgement against Yiwu Philharmonic Musical Instruments, a Chinese manufacturer. Fender had filed a claim that the Strat body was an applied work of art, and the manufacturer’s S-style instruments were infringing on the brand’s copyright – not a trademark. As Yiwu did not turn up to defend, the court ruled in Fender’s favour and accepted the claims. This legal precedent is cited in the cease-and-desist letters being sent to dealers – however, Thomann claims its goal is to put Fender’s arguments to more rigorous legal testing.
As Yamaha claimed to Reuters it was “weighing how to respond,” it’s unclear if it intends to carry out a similar challenge. And while it’s not clear which exact models have been targeted by Fender, it’s likely that at least some Pacifica models are included – some of Yamaha’s flagship guitars. Yamaha is unlikely to be in a hurry to stop selling these in the EU – and is a much larger company than Fender. It remains to be seen whether it will acquiesce to the request, call Fender’s bluff or, like Thomann, initiate its own action.
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Source: www.guitar-bass.net
