“It’s comic book level villainy”: Your reactions to Fender’s cease and desist strategy – and how it could transform the S-style market

Earlier this week, a shockwave rocked the guitar industry after it was confirmed that Fender had started sending out cease and desist letters, allegedly demanding companies that made S-style electric guitars to halt production.

An escalation of Fender’s re-energized desire to protect the Stratocaster body shape, the move came weeks after a Regional Court of Dusseldorf established a legal precedent in Germany and gave Fender the legal right to “protect its designs in global commerce”.

In the aftermath of the ruling, Fender laid down the gauntlet to the industry, with LsL Instruments – a family-run firm based in the US that makes boutique S-style guitars – confirming it had been hit with a cease and desist letter.

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LsL Instruments weren’t the only ones. As alleged by Phillip McKnight, many other brands in the US have received similar letters, which demand the immediate halting of production, recalling of existing products, and destruction of the guitars that Fender claims infringe on its copyright.

At the time of writing, we have no public confirmation on the list of brands affected, but we do know they have until May 25 to mount a response.

Fender did not respond to Guitar World’s multiple requests for comment.

It is one of the most significant fallouts and legal challenges the guitar industry has encountered in quite some time. Fender embarked on a similar campaign in the US back in 2009, seeking trademark of the Stratocaster, but ultimately failed on the ground the body shape was deemed generic.

Now, though, the move to target other builders in this fashion has sparked intense debate among guitar players. And Guitar World readers certainly had some thoughts to share…

Those Opposed

On Guitar World’s report, the overwhelming consensus was one of surprise and disappointment. There was also a fair share of confusion over Fender’s timing, method and motive – especially since the Strat has been fair game for so long.

“​​I love Fender but this is a joke,” says Teessideguitartech. “They're closing the stable door DECADES after the horse has bolted, and demanding that everyone puts their horses down too.”

“It seems an odd case, given that Fender didn't copyright the design,” Flowboy agrees. “If he had it would still be in copyright for a few more decades yet… Given that its not copyrighted, I'm surprised Fender think they can win any case on those grounds. It fails right at the start. Legal intimidation of smaller players of course can work.”

The decision to seemingly target smaller builders wasn’t lost on other commenters, with 1treeforge noting, “Fender may win some of these lawsuits but they will lose the market space… Acting like a bully against small builders, it’s pretty sad.”

“Maybe this will pay off eventually for Fender but I doubt it,” echoes Louderthangod. “It’s also sad that they’d pick on such a small builder but I’m assuming they’re hoping they won’t put up a fight.”

The optics of going after small builders in this fashion has been highlighted by many readers. Drbrooksclary warns this will “alienate a lot of players” and “will not go well for them in the long run”.

Chris M, meanwhile, is more scathing in their summation, “Demanding the recall of sold guitars in order to have them destroyed is comic book level villainy. it's like Mr Burns rubbing his hands together and uttering 'excellent' under his breath.”

Others are aware of the knock-off effect this will have on the wider market, with Loudmouth Boomer urging Fender to “do the right thing for your core customers and help the industry overall” by pulling back. “If this goes through I will never buy another Fender product,” they state.

The seeming attempt to remove competition and choice for players has been widely panned across the board. The general feeling among those against Fender’s actions is ‘too much, too late’. The mood has soured against Fender considerably.

“Boycott Fender,” scolds thecolorofthought. “This is just ridiculous to try and do like 75 years after the guitar came out.”

Those In Favor

That said, Fender has its defenders. There are those who think this approach is entirely merited and, if anything, long overdue. Some have little sympathy for those who make Strat-inspired instruments.

“Design your own freaking electric guitar. It’s a copycat,” notes Teledeluxe72. “Fender has every right to do this and should do!” agrees Michaeloneill333 on Instagram. Larksongdaley said the whole thing has “been allowed to go on too long. Leo should’ve copyrighted the design to begin with”.

“So interesting the response to this,” observes Isaacsturdee. “Theres no other industry where companies allow the blatant copying of their instruments without paying a licensing fee.

Fender’s apparent leniency to allow other brands to ride the Strat coattails for so long without repercussion is another shared theme among those who are in support of the move.

“Good. It's their founder's invention,” writes Sergiomichelmusic on Instagram. “People may not like this, but almost half a century of allowing people to make money from their design, flood the market AND compete with them is way more leniency than any other company in any market has ever done. Shut everyone down, and license the rights to a select few.”

An Uncertain Future

One thing everyone can agree on is that these are unprecedented times, and the outcome of this case could reshape the market significantly – impacting not only brands, but players as well. As the pool of S-style guitars shrinks, so too does consumer choice.

“I fully support Fender’s position and always thought it weird that other companies can make such blatant copies,” says Eric_the_bourassa. “That said, why go after this little mom and pop boutique builder? There’s a hundred manufacturers you could go after.

“Also, the benefit to the rest of us is that S-style guitars (and others) have to really be on their A-game when it comes to QC and production standards. The more competitors there are, the better it is for us consumers.”

It paves the way for an uncertain future, and begs the question: what next? If Fender is successful in its apparent attempts to rid the market of S-style guitars, what can we expect from the firm in regard to its other models? Some readers are already predicting similar treatments for other designs.

“I’ve also gotta assume they’re go after Tele copies and offsets soon after and at some point P and J basses,” Louderthangod muses. “I wonder where the courts will rule on what needs to be changed to be compliant with the law.”

“They likely won't stop with the Strat. Teles etc will be next if they can pull this off,” warns James_o98 on Instagram. “And then what? Will they go after companies making aftermarket pickguards too?”

Only time will tell how this plays out – and what it means for the future of the S-style guitar. We will keep you updated.

• How do you see this situation developing? Share your thoughts below.