Thomann takes legal action against Fender - Thomann Blog
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Thomann takes legal action against Fender
For brand diversity and innovation: Why we are taking legal action against Fender’s cease and desist demand.
Dominic
22.06.2026<br>22. June 2026
5 min
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For brand diversity and innovation: Why we are taking legal action against Fender’s cease and desist demand.
The Stratocaster is one of the most famous guitars in music history. Over decades, it has inspired countless luthiers and guitar manufacturers to develop their own ideas, think ahead and create new instruments.
This is exactly why we are following the current developments around the cease and desist demands issued by Fender against numerous manufacturers, distributors and dealers in Europe and the USA with great concern.
Fender recently obtained a so-called default judgment at the Düsseldorf Regional Court against a Chinese company trading in S-style guitars. This judgment is based on missed deadlines, i.e. pure formalities, and does not, in our opinion, represent a comprehensive review of the legal claims. On this basis, Fender is now attempting to enforce a fundamental copyright claim to the body shape of the Stratocaster and is simultaneously taking action against European dealers and manufacturers. American manufacturers who sell their instruments in Europe, however, are also affected.
After careful consideration, we have decided to take legal action. 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.
A shared history since 1954
1954 was a special year for the guitar world: Fender launched the Stratocaster.
1954 was also the year in which Musikhaus Thomann was founded. Shortly after the foundation in 1954, musicians were able to buy instruments with the Fender logo from us. For more than 70 years, we have been carrying Fender instruments with conviction and great appreciation. Many of us play Fender guitars ourselves. It is understandable that Fender’s current action against long-standing business partners has surprised and disappointed us.
Form follows function
The Stratocaster’s success is not only down to how good it looks.
The upper horn ensures perfect balance, the cutaways make it easier to play in the upper registers, and the contours of the body increase playing comfort. The shape of the Stratocaster was created to provide musicians with the most functional and ergonomic tool possible.
This is exactly why it has been taken up, developed further and reinterpreted by luthiers all over the world over decades. Many innovations in the modern guitar world are based on this development. From small workshops to established manufacturers, generations of instrument makers have helped to continuously develop the concept of the S-style guitar.
In the motherland of the Stratocaster, its form has long been considered to be in the public domain. The free use of the Stratocaster as a model for one’s own creations has been and remains the basis for countless further developments from which the entire guitar world has benefited – including Fender itself.
One of the most famous examples is Eddie Van Halen’s legendary Frankenstrat. This instrument gave birth to the idea of the Superstrat, and a development began that has inspired generations of guitar players and makers. It is hard to imagine a world in...