By Matt Owen, Guitar World | “This case could set a precedent, impacting countless other builders and musicians” | Fender has laid down the gauntlet in its protection of the Stratocaster body shape, sending a cease and desist to a US firm, ordering it to stop production of its S-style electric guitars.
As per documents obtained by YouTubers Phillip McKnight and Tone Nerd, Fender sent the cease and desist letter via its lawyers, Bird & Bird, to a small family-run guitar company based in the US, LsL Instruments.
The letter is allegedly part of a number of cease-and-desists sent to a range of US-based builders ordering them to halt production. McKnight claims to have heard from at least half-a-dozen firms who have received such correspondence.
The development comes after Fender secured a landmark ruling in Germany, in which the Regional Court of Dusseldorf established a legal precedent to protect the Stratocaster body design.
According to Fender, the outcome of the case – launched against a Chinese manufacturer – gave the firm the legal right to “protect its designs in global commerce”.
It established the Stratocaster as a “copyrighted work of art” based on “original creative expression”, and any firms operating or selling Stratocaster-inspired guitars in the EU were believed to be at risk of falling afoul of the ruling.
However, at the time, the ramifications of the ruling were unclear, and it wasn’t fully understood just how extensively Fender could, and would, enforce the case that came out of the Regional Court of Dusseldorf.
In a press statement, Fender warned that “offering infringing products for sale into Germany or other countries of the EU is sufficient to establish liability, regardless of where a manufacturer or seller is based”.
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Read more here and why this ruling may be very important:
https://www.guitarworld.com/gear/electric-guitars/fender-cease-and-desist-lsl-instruments
Chris Kresge: As if this is the only time either Fender or Gibson have done this .. In 2019, Gibson sued Armadillo Distribution Enterprises (the parent company of Dean Guitars) for trademark infringement over body shapes like the Flying V, Explorer, and SG. After a series of trials, a federal jury upheld Gibson’s trademarks and found Dean guilty of both infringement and counterfeiting.
Edd Kray: I just googled the lawsuit and I support Fender. The Strat design and name is theirs alone.
Photo: Fender Telecaster (probably NOT the correct guitar design in the lawsuit)
