“The focus is on products that completely replicate the exact body design”: Fender is finally speaking out on its cease-and-desist strategy. We reveal the company’s endgame, how it plans to work with rivals and who it’s really going after

Fender has broken its silence over its ongoing cease-and-desist strategy, clarifying its position as it looks to enforce legal protection for the Stratocaster.

Last week, it was revealed Fender had sent cease-and-desist letters, allegedly to multiple US builders, as part of a renewed campaign to police its right to the Stratocaster body shape.

This action stemmed from a default ruling in the Regional Court of Dusseldorf, which sided with Fender and established “enforceable rights against any guitars using the Stratocaster body shape”.

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It was reported that the resulting cease-and-desist letters called for those companies to halt production, recall product and destroy inventory.

The move sparked backlash from the guitar community, and Ron Bienstock – the attorney who defeated Fender in a high-profile trademark lawsuit in 2009 – was hired by at least one company to defend its position.

Now, for the first time, Fender has gone on record to explain its strategy, address concerns, and reveal who it is really going after.

Double-cutaways are safe

First order of business: double-cut guitars as a whole are not the target.

In a statement obtained by Guitar World, Fender explains it is not concerned with going after all “two-horned or double-cutaway” guitars, as has been speculated online. Instead, “the focus is on products that either closely or completely replicate the exact body design of the Stratocaster itself”.

According to Fender, third-party guitars “may share general design elements of a similar overall layout while remaining clearly distinct”, and these are not an issue.

It is instead going after “close copies” that it considers direct clones.

“Fender fully supports innovation and competition across the guitar industry, including such guitars with two horns and/or double cutaways,” the statement reads.

“Fender’s goal is simply to protect one of the company’s most iconic and recognizable designs while continuing to support a vibrant and innovative guitar industry.”

Guitar World has also obtained a copy of a response letter issued by Fender’s attorney, Bird & Bird, to Ron Bienstock’s initial reply to the cease-and-desist, which provides further detail.

This latest reply states: “Everybody is welcome and will be able to continue making and selling double cutaway and/or two horned electric guitars, as long as they are designed sufficiently different from the Fender Stratocaster.”

This shines some light on Fender’s endgame: it is addressing direct copies of the Stratocaster “design” rather than simply the double-cutaway body “shape”.

How that applies in practice remains to be seen, and what exactly constitutes a defining feature of the “Stratocaster design” isn’t explicitly stated by Fender or Bird & Bird.

Since this case doesn’t exclusively concern the S-style body shape, other aspects of the Strat body aesthetic could potentially be considered – for example, the scratchplate design and control layout.

The complete list of firms to have been sent a cease-and-desist letter, and which guitar models have been targeted, has yet to be made public – but we now have a better idea of who may be involved.

Collaboration over destruction

In its response letter, Bird & Bird also addresses Fender’s stance on demanding companies cease production. The law firm explains that companies can continue making guitars that are the subject of cease and desists provided they “change the design… so they do not look like more or less exact copies of the Stratocaster”.

In these cases, third-party guitars “would only require relatively minor design changes”, meaning Fender is seemingly unconcerned with removing these guitars from the market entirely – and willing to work with its rivals to reach this point.

Similarly, the company has downplayed talk of inventory destruction, labeling it a drastic last-resort measure, and instead pointing towards amicable alternative solutions.

In a clarifying statement obtained by Guitar World, Fender says, “Our focus has been on working directly with companies to find practical paths forward.

“Where there is cooperation, that can include transition or phase-out periods and concessions on monetary damages.

“Outcomes such as inventory destruction are not something we are seeking – they are legal remedies that may be considered in situations where infringement continues without engagement toward a resolution.”

Talks are already happening behind the scenes

Fender has confirmed it is already in settlement discussions with a number of firms, as laid out in the Bird & Bird response: “Many of the addressees of that initial communication have reached out to us… and have entered into reasonable settlement discussions on the premise that they will discontinue making and/or selling the 'Stratocaster' clones.”

The company is framing its legal efforts to target Stratocaster copies as supporting creativity and innovation in the guitar industry, while protecting the designs with which it made its name.

“Fender has tremendous respect for the guitar community, independent builders, and the creativity that continues to shape this industry,” says Fender CEO Edward “Bud” Cole. “At the same time, Fender has a responsibility to protect the iconic designs and brand identity associated with its instruments around the world.

“Protecting these iconic designs is part of Fender’s obligation as a steward of the brand, its legacy, and the authenticity musicians associate with Fender instruments.

“We remain open to engaging constructively with partners and companies across the industry as we navigate this process. Our goal is to protect that legacy while supporting a vibrant future for guitar makers, builders, and musicians alike.”

What next?

So, what does this all mean? Well, for one thing, Fender isn't aiming for a mass-destruction of all S-style guitars, and its endgame might not be as draconian as some commentators initially believed.

The shifting clarification away from the S-style "body shape" and towards a broader focus on the wider "design" is telling, too, and more revealing of the company's goal.

Of course, this is Fender’s position and by no means indicative of how the case will actually play out, if indeed it does become a protracted legal battle involving multiple firms – particularly since Strat-inspired guitars have been produced for the past 70 years, a key argument in the defense's case.

Whatever the case, in its follow-up letter, Bird & Bird has offered an extended deadline of June 8 for firms affected to issue their response.

We expect further correspondence between the parties involved by that date – we’ll bring you updates as we have them.