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The world’s largest music retailer, Thomann, is suing Fender in an extraordinary escalation over the guitar company’s recent wave of cease-and-desists.
Thomann, whose in-house guitar brand Harley Benton was hit by a cease-and-desist of its own, has become the first firm to take Fender to court in the ongoing Stratocaster copyright dispute.
“After careful consideration, we have decided to take legal action,” a statement on the Thomann blog reads. “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.”
Thomann claims it is acting on behalf of other prominent brands and smaller manufacturers, and specifically names “custom shop brands and innovators”, including Tyler, Tom Anderson, Suhr, LsL, Maybach, Pensa, FGN, and PRS as firms that it believes are now at risk due to the current legal action.
The retailer was founded in 1954, the same year as Fender launched the Stratocaster, and it has carried the brand for over 70 years. Many of its staff play Fender guitars. Accordingly, it says Fender’s action against longstanding business partners has “surprised and disappointed us”.
“We used to be a small music store ourselves and know exactly where we have come from,” says Thomann CEO Hans Thomann.
“Diversity, fairness and respectfully dealing with each other have always been part of our philosophy. Many of those affected do not have the financial and legal means to conduct such a legal dispute. We therefore see it as our responsibility to have this matter clarified in court not only for our own company, but for all parties involved.”
In its legal action, Thomann will be pursuing similar arguments to industry lawyer Ronald Bienstock: namely that the Stratocaster is not a copyrightable ‘work of art’ as the court of Dusseldorf has ruled. Rather, its design and subsequent success is down to ergonomics, which is what has led to the proliferation of variations in its wake.
We urge Fender to stop issuing cease and desist demands against manufacturers, distributors and dealers and to return to a fair, cooperative partnership
Thomann concludes its statement with a direct appeal to Fender on behalf of the industry at large.
“The history of the Stratocaster has not been written by one company alone. It has been shaped by musicians, luthiers, developers and manufacturers around the world. Its importance for the music world also arises from the sheer number of people who built on it and developed new ideas from it.
“We see this diversity as one of the great strengths of our industry.
“That is why we will continue to pursue the legal path we have chosen. Not only for our own company, but also for the many manufacturers, dealers and guitar makers who have shaped our industry for decades and continue to shape it.
“We urge Fender to stop issuing cease and desist demands against manufacturers, distributors and dealers and to return to a fair, cooperative partnership.
“Because we are convinced of this: The future of the guitar world depends on diversity, innovation and the freedom to create.”
Thomann and Fender have been contacted for comment.
Fender’s recent legal movements stem from a default ruling issued by the Regional Court of Dusseldorf in March, which granted “enforceable rights against any guitars using the Stratocaster body shape” in the EU.
In May, it issued cease-and-desist letters to various firms it believed to be producing Strat “copies”, among them family-owned LsL Instruments and PRS Guitars.
Although Fender has since sought to frame its actions as “working directly with companies to find practical paths forward”, they have been met with backlash from the guitar community, with several prominent YouTubers criticizing and even cutting ties with the company.
