As June 22, Thomann, Europe’s largest MI retailer, is suing Fender in an effort to stop the company’s ongoing cease-and-desist campaign targeting guitar makers that produce Stratocaster-style body designs. In taking legal action, Thomann says it’s fighting not only on behalf of its own Harley Benton brand, but also for the broader community of manufacturers affected by Fender’s legal claims.
Several weeks ago, Fender issued cease-and-desist letters to guitar companies over the use of Stratocaster-style body shapes, including U.S.-based manufacturers such as PRS Guitars, as previously reported by Music Inc. Thomann’s Harley Benton brand was also among these brands, making the retailer the first company to bring Fender to court.
“We used to be a small music store ourselves and know exactly where we have come from,” Thomann CEO Hans Thomann said in a statement. “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.”
Thomann names manufacturers beyond its own catalog that have been impacted by Fender’s actions, including Tyler, Tom Anderson, Suhr, LSL, Maybach, Pensa, FGN and PRS.
The company’s legal position echoes arguments previously raised by industry attorney Ronald Bienstock, that the S-style design shouldn’t be considered copyrightable, but rather an influential example of functional guitar design used across the MI industry.
“Diversity, fairness and respectfully dealing with each other have always been part of our philosophy,” Thomann said. “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.”
Thomann argues that the Stratocaster’s cultural significance is influenced by generations of musicians, builders and manufacturers who have expanded upon the concept.
“The history of the Stratocaster has not been written by one company alone,” Thomann’s statement continued. “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 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.”
This is a developing story. MI
