Thomann takes legal action against Fender

Background of the Dispute

• Fender used a German court case (against a small Chinese AliExpress seller of Strat copies) to claim copyright over the Stratocaster (“S‑style”) body as a “work of applied art.”
• The seller did not appear, so Fender obtained a default judgment.
• On that basis, they sent aggressive cease‑and‑desist letters across Europe (and to some US makers shipping to the EU), demanding end of S‑style sales, recalls, and even destruction of inventory.
• Thomann, a major European retailer with its own S‑style brand (Harley Benton), is now taking legal action against Fender.

Legal and IP Issues

• In the US, posters say the Strat body has been effectively public domain since a 2009 decision rejecting Fender’s body‑shape trademarks after decades of non‑enforcement.
• Several note US law excludes “functional parts” from copyright; designs are time‑limited via patents or design patents.
• EU copyright is described as broader (e.g., “work of applied art,” database rights, “sweat of the brow”).
• Commenters argue many aspects of the Strat body are functional ergonomics, not ornament, so should not be monopolizable.
• Doubts raised over whether Fender can even define a single protected shape, given Fender’s own many Strat variants, and whether it truly holds any surviving rights from the 1950s.
• Others stress German law doesn’t treat lower‑court decisions as binding precedent, so Fender’s use of a default judgment as “global precedent” is seen as overreach or bullying.

Business Motives and Ownership

• Posters highlight Fender’s long private‑equity ownership, including current majority control by Servco, and speculate this IP push is financially driven.
• Some link it to competition from PRS (especially the Silver Sky), boutique builders, and budget S‑style brands like Harley Benton and Squier competitors.
• One view: Fender is losing on quality/value and trying to “win in court instead of the marketplace.”

Community Reaction and Brand Perception

• Many guitarists express anger, vow to avoid future Fender purchases, or say the move wiped out decades of goodwill.
• Others are annoyed by the online outrage, argue the sky won’t fall, and say makers can just tweak shapes as Ibanez and others already do.
• Fender quality is debated: some claim serious deterioration versus competitors; others say it’s better than in earlier decades and roughly in line with the market.

Design, Functionality, and Conservatism in Gear

• Multiple comments argue the Strat’s popularity is due to ergonomics: double cutaways for upper‑fret access, body contours for comfort, and horn placement for balance.
• From that perspective, S‑style guitars are seen as a near‑optimal solution many builders naturally converge on.
• Others argue copying 1950s designs is lazy and that luthiers should embrace more original body shapes.
• The persistence of 1950s guitar and amp interfaces (¼" jacks, analog audio) is contrasted with rapidly changing digital standards, framed as evidence of both conservatism and early “near‑optimal” engineering.