Thomann takes legal action against Fender
For brand diversity and innovation: Why we are taking legal action against Fender’s cease and desist demand.
The Stratocaster is one of the most famous guitars in music history. Over decades, it has inspired countless luthiers and guitar manufacturers to develop their own ideas, think ahead and create new instruments. This is exactly why we are following the current developments around the cease and desist demands issued by Fender against numerous manufacturers, distributors and dealers in Europe and the USA with great concern. Fender recently obtained a so-called default judgment at the Düsseldorf Regional Court against a Chinese company trading in S-style guitars. This judgment 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 fundamental copyright claim to the body shape of the Stratocaster and is simultaneously taking action against European dealers and manufacturers. American manufacturers who sell their instruments in Europe, however, 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 affect the future of diversity, innovation and competition in our industry.
1954 was a special year for the guitar world: Fender launched the Stratocaster.
1954 was also the year in which Musikhaus Thomann was founded. Shortly after the foundation in 1954, musicians were able to buy instruments with the Fender logo from us. For more than 70 years, we have been carrying Fender instruments with conviction and great appreciation. Many of us play Fender guitars ourselves. It is understandable that Fender’s current action against long-standing business partners has surprised and disappointed us.
The Stratocaster’s success is not only down to how good it looks.