Thomann Sues Fender Over Stratocaster Cease-and-Desists

Thomann announced the legal action on its blog. The German retailer was founded in 1954, the same year Fender launched the Stratocaster. It says it is acting on behalf of other brands and smaller manufacturers hit by Fender's recent enforcement campaign, according to Guitar World.

The dispute traces back to a default ruling issued by the Regional Court of Dusseldorf in March. The ruling granted Fender "enforceable rights against any guitars using the Stratocaster body shape" in the EU. In May, Fender sent cease-and-desist letters to firms it believed were producing Strat copies, among them family-owned LsL Instruments and PRS Guitars. Thomann's in-house brand Harley Benton was hit with a cease-and-desist of its own.

The retailer says it is pursuing arguments similar to those of industry lawyer Ronald Bienstock. Bienstock argues that the Stratocaster is not a copyrightable work of art, as the Dusseldorf court has ruled, and that its design and commercial success stem from ergonomics rather than protected creative expression.

"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 diversity, innovation and competition in our industry."

The company specifically names Tyler, Tom Anderson, Suhr, LsL, Maybach, Pensa, FGN and PRS as firms it believes are now at risk. Many of its staff play Fender guitars. Thomann 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."

Fender has sought to frame its actions as "working directly with companies to find practical paths forward." The guitar community has pushed back, with several prominent YouTubers criticizing the company and even cutting ties with it.

The retailer's statement concludes with a direct appeal: "We urge Fender to stop issuing cease and desist demands against manufacturers, distributors and dealers and to return to a fair, cooperative partnership."

Thomann frames the case as a question of industry-wide consequence rather than a single commercial quarrel. "The history of the Stratocaster has not been written by one company alone," the blog post reads. "It has been shaped by musicians, luthiers, developers and manufacturers around the world."

The outcome could set a precedent for how body shapes and other functional design elements are treated under EU copyright law, a question that has divided courts and manufacturers for years. For now, the retailer says it will keep pursuing the legal path it has chosen, "not only for our own company, but also for the many manufacturers, dealers and guitar makers who have shaped our industry for decades."