FENDER IS MAKING WAVES...

Have you heard? This is some serious shit!

Fender is issuing cease and desists to builders of Strat-inspired electric guitars in an effort to protect the Stratocaster body style trademark. Reactions are mixed. On one hand, the move has been widely panned; on the other, people argue that, as the original designers of the S-type guitar, they have the right to do so.

But it's not so simple.

It all started a few weeks ago when "a Regional Court of Dusseldorf established a legal precedent in Germany and gave Fender the legal right to 'protect its designs in global commerce.'" Now, Fender is sending out cease and desist letters to companies demanding that they halt production immediately. Not only that, they demand the recall "of existing products, and destruction of the guitars that Fender claims infringe on its copyright."

This is one of the most significant fallouts and legal challenges the guitar industry has encountered in many years.

At least initially, Fender is targeting small companies, such as "LsL Instruments – a family-run firm based in the US that makes boutique S-style guitars." My take is that they are going after the little people, who they hope will not have the ability to file what could be a long and expensive court battle.

Some companies have gone to great lengths to alter their designs to make them similar to, but not exact copies of the Stratocaster, altering the headstock so that it doesn't infringe upon the Fender design, configuring them with pickup configurations other the SSS, such as HH, HSH, HSS, and single pickups, sharpening the horns (most notably Ibanez), or changing the depth of the cutaways.

Curiously, Fender is doing this even though the company embarked on a similar campaign in the US back in 2009, in an attempt to trademark the Stratocaster. That effort failed as the body shape was "deemed generic."

The S-style body is ubiquitous in the market. Who is next if Fender is successful in its initial efforts to strong arm small companies from building Stratocaster-inspired guitars? Do they intend to take on larger, well-established manufacturers, such as Paul Reed Smith, Ibanez, and Jackson? How are they going to apply this policy retroactively to companies that no longer exist, such Westone, which disappeared in 1991? I own a 1985 Westone Spectrum LX with the Candy Blue finish. Am I giving it up? F$CK NO!

If Fender is successful in strong-arming all guitar manufacturers to cease production of Stratocaster-inspired guitars, what's to stop it from doing the same for Telecaster-inspired guitars? What about Jaguar, Mustang, and Jazzmaster-style bodies? Could it go after P and J basses too? One person wondered if Fender could even go after companies making aftermarket pickguards too?

The article I read did not mention anything about these potential effects should Fender be successful in its pursuit, but perhaps we should be thinking beyond current production and companies:

How will Fender get all of the Strat-inspired guitars removed from bedrooms, garages, storage centers, etc?
How will this affect companies that create kits and bodies based on the popular body shapes?
Could Gibson follow Fender's lead and do the same with its iconic guitar bodies, such as the LP, SG, Flying V, and Explorer-style bodies?
How will this affect primary market prices?
How will this affect secondary market prices?
What will Fender do if, several years from now, an individual puts a non-Fender Strat-style guitar up for sale?
On the positive side, will this spur guitar manufacturers to create some new body styles? Are there any even left to design?

I can see both sides of the coin. Fender does, or did, have the right to protect its intellectual property. However, considering that California rejected Fender's attempt for trademark status on the S-style body, I think that Fender's campaign will ultimately fail in federal court as well as the Courts of Popular Opinion.

Fender needs to abandon this folly. If they don't, it's not just a boatload of money they burned to the ground. They are bound to lose customers, but I think Fender will take a massive hit to its reputation and goodwill -- in the long run, it will be far more damaging.

What's your take on this? Post your comments and opinions below.

Here's the link to the article.

23 comments