Fender's Judicial War on Stratocaster Shape: What It Means for Guitar Manufacturers

A German court ruled that the shape of Stratocaster’s guitar body was a work of art subject to copyright protection. This situation led to the fact that Fender Corporation began to file lawsuits and orders against small guitar manufacturers, as well as retail chains that sell these instruments.

In early March 2024, the Düsseldorf Regional Court issued a controversial ruling recognizing the shape of the Stratocaster hull as a work of art. This happened on the claim of Fender to the Chinese manufacturer of electric guitars Yiwu Philharmonic Musical Instruments Co., in connection with the failure of the defendant, the court satisfied all the claims of the plaintiff automatically.

Now, any manufacturer that manufactures Stratocaster and sells them in the EU risks being found to be infringing Fender’s rights. The corporation argues that the actions are aimed at "obvious cases" of disruption, not at limiting innovation. However, the law firm Bird & Bird has issued warnings to a variety of manufacturers, including even smaller, limited-edition guitar companies and large retail chains.

According to the lawyer Ronald Binstock, who spoke on the side of independent manufacturers in court in the United States in the late 2000s, Fender’s position is weak: the technical verdict is not a precedent, and stated in court “fictional presentation of the history of the brand”. In addition, Binstock notes that the shapes of Stratocaster hulls have changed over time, and no one in the guitar industry can claim a monopoly on this form.

In fact, Fender has not taken active action to protect its Stratocaster rights over the years, even using the fact of copying in its promotional materials ("World's Most Copy Guitar!"). Making matters worse, the investment arm of Servco Pacific, which owns Fender, has invested in Reverb Holdings, the largest online marketplace for musical instruments.

As a result, Fender has faced harsh criticism from musicians and the guitar community, which could have a negative impact on the brand's reputation. Given Fender’s difficult economic situation and financial problems, it is possible that the company will try to resolve the situation through negotiations in order to avoid further legal costs and reputational losses.