For Brand Diversity and Innovation: Why We’re Taking Legal Action Against Fender’s Cease and Desist Demand.
The Stratocaster is one of the most famous guitars in music history. Over the decades, it has inspired countless luthiers and guitar makers to develop their own ideas, think ahead, and create new instruments.
That’s why we are following with great concern the current developments surrounding the cease-and-desist demands issued by Fender against numerous manufacturers, distributors and dealers in Europe and the United States.
Fender recently obtained a so-called default judgment in the Düsseldorf Regional Court against a Chinese company that trades in S-style guitars. This decision is based on missed deadlines, i.e. pure formalities, and does not, in our opinion, represent a comprehensive review of the legal claims. On this basis, Fender is now attempting to enforce a substantive copyright claim on the Stratocaster’s body shape as well as taking action against European dealers and manufacturers. However, US manufacturers selling their equipment in Europe 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 impact the future of diversity, innovation and competition in our industry.
A shared history since 1954
1954 was a special year for the guitar world: Fender launched the Stratocaster.
1954 was also the year the Musikhaus Thomann was founded. Shortly after its founding in 1954, musicians were able to purchase instruments bearing the Fender logo from us. For over 70 years, we have been using Fender instruments with conviction and great appreciation. Many of us play Fender guitars ourselves. It is understandable that we are surprised and disappointed by Fender’s current action against its long-standing business partners.
form follows function
The Stratocaster’s success didn’t just depend on how good it looked.
The upper horn ensures perfect balance, the cutaway makes it easy to play in the upper registers, and the shape of the body increases playing comfort. The shape of the Stratocaster was created to provide musicians with the most functional and ergonomic instrument.
That’s why it has been adopted, further developed and reinterpreted by luthiers around the world over the decades. Many innovations in the modern guitar world are based on this development. From small workshops to established manufacturers, generations of instrument makers have helped to continually evolve the concept of the S-style guitar.
In the Stratocaster’s homeland, its appearance has long been considered to be in the public domain. The free use of the Stratocaster as a model for one’s own creations has been and continues to be the basis for countless further developments that have benefited the entire guitar world – including Fender.
One of the most famous examples is Eddie Van Halen’s famous Frankenstrat. This instrument gave birth to the idea of the Superstrat and began a development that has inspired generations of guitarists and manufacturers. It is difficult to imagine a world in which this development was nipped in the bud.
why we took action
Of course, the current escalation of the situation also affects us.
We want to be able to offer you the full range of Guitar World in the future. As a retailer and manufacturer, we are experiencing the effects of current developments from many perspectives. Our Harley Benton brand is also affected.
Of course, we are interested in having Fender’s copyright infringement allegations resolved in a fair court proceeding. Similarly, the defendant has the opportunity to present all his arguments in court. After this the court can start the search, which has not happened till now.
But for us, it’s not just about the impact on our own business.
Our CEO Hans Thomann says this:
“We used to be a small music store ourselves and know where we’re coming from. Diversity, fairness, and treating each other respectfully have always been part of our philosophy. Many of those affected do not have the financial and legal means to conduct a legal dispute like this. So we see it as our responsibility to clarify this matter in court, not only for our company, but for all parties involved.”
We have intentionally committed ourselves to the many great makers, luthiers and dealers whose work is indispensable to the diversity of our market, whether we carry their instruments or not. Prestigious custom shop manufacturers, traditional brands and innovative developers such as Tyler, Tom Anderson, Suhr, LSL, Maybach, Pensa, FGN or PRS and many others stand for a versatile guitar ecosystem that we greatly appreciate. From our perspective, it is this diversity that is under threat due to current development.
our appeal
The history of the Stratocaster was not written by one company alone. It has been shaped by musicians, luthiers, developers and makers from around the world. Its importance to the music world also stems from the sheer number of people who created it and developed new ideas from it.
We see this diversity as one of the great strengths of our industry.
Therefore, we will continue to proceed on the legal path we have chosen. Not only for our own company, but also for the many manufacturers, dealers, and guitar makers who have shaped and continue to shape our industry for decades.
We urge Fender to stop issuing cease-and-desist demands against manufacturers, distributors and dealers and return to fair, cooperative partnerships.
Because we are convinced of this: the future of the guitar world depends on diversity, innovation and freedom to create.
Your Thoman Team
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