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Fender CEO Edward ‘Bud’ Cole has responded to backlash against the company’s ongoing cease-and-desist legal campaign in footage from a recent dealer event that has been shared online.
Last month, Fender came under scrutiny after it began sending cease-and-desist letters to rival firms in a renewed legal effort to enforce its rights to the Stratocaster.
The move stemmed from a default copyright ruling that Fender secured in Germany earlier this year, which Fender says established “enforceable rights against any guitars using the Stratocaster body shape”.
LsL Instruments, a family-owned boutique builder based in the US, was one of the first companies to publicly confirm it had been hit by a cease-and-desist. PRS – the maker of John Mayer’s Silver Sky signature – later confirmed it also had received one.
During a recent dealer event, Cole addressed the considerable backlash that Fender’s strategy has faced. Footage from the event has since been posted online.
“First and foremost, Fender is not suing anybody,” Cole begins. “What we’ve done is reach out thoughtfully and respectfully to a handful of companies whose guitars come extremely close to replicating the iconic Fender Stratocaster design.
“Let’s also be very specific. We’re talking specifically about the Stratocaster, because that’s what this is really about. Calling it simply the S-style or the S-shape is an attempt to diminish and whitewash the immeasurable game-changing contribution that Leo and his team made to the entire industry that all of us have built so much of our success and careers around.
“A contribution that has blessed every single one of us in this room, and millions of players around the world. We are not going to let the legacy be erased, nor are we going to let it be diluted.”
Later on in his speech, Cole also addresses some of the key points of contention from the cease-and-desists – namely, the paragraph in Fender’s initial letter that states rival firms found to be infringing on the Stratocaster design will face inventory destruction.
“Our preference is practical, reasonable solutions,” he says. “Design modifications where needed, generous transition periods to sell through existing inventory.
“No inventory destruction. Those comments were unfortunate. We are not asking anyone to destroy inventory,” Cole asserts. “No immediate financial demands. This is a work in progress.
“We want to work together with everyone, because we believe that innovation is strongest when brands create their own distinctive voices rather than closely copied icons that have defined our industry for generations.”
The attempt to downplay any punitive measures from Fender echoes an earlier statement shared by Guitar World, in which it stated: “Outcomes such as inventory destruction are not something we are seeking.”
Cole also touches on the scope of Fender’s legal campaign, saying, “It's important to understand that this effort stems directly from the recent European Union's court rule,” he notes. “So, our current conversations are centered on products being made, marketed or sold in the European Union, not here in America.
“Fender has no intention of going after artists, players, collectors, or anyone who simply loves to make music,” Cole notes. “To the contrary, we are protecting those players who play Fender, who buy Fender, who love Fender, who collect Fender, and who continue to invest in Fender.”
The full speech can be viewed above. At the time of writing, Fender’s second deadline for guitar builders to respond to its cease-and-desists has passed (8 June). We'll bring you further developments on the case as we have them.
