Armed with German copyright, Fender threatens makers of Strat-style guitars

Fender does not hold a U.S. copyright or trademark on the shape of its 1950s Stratocaster guitar, having failed in a years-long legal effort to control use of a now-generic design. By the time it started slathering them with polyurethane in the 1970s, the patents were expiring. But the company recently won a default ruling in an unopposed copyright claim in Germany, where instrument design qualifies as a "work of applied art." It has begun threatening other companies that make similar guitars, including one in the U.S.

Guitar.com understands that in recent weeks, multiple guitar makers have received letters from the law firm Bird & Bird, informing them of the EU ruling, and demanding that as a result, the brands in question cease producing guitars that use the Strat body shape, recall and destroy any existing unsold inventory, provide sales data on how many of these instruments have been sold, and provide financial restitution for damages and legal fees.

LSL Instruments, a "boutique" company in California, revealed that it is among the targets.

We are a small electric guitar company facing a legal challenge that could reshape the industry. The body design of S style guitars was never copyrighted by Leo Fender, whose only interest was in retaining the headstock shape. For over 70 years, the body has been in the public domain, and companies all over the world have been utilizing it for the better part of a century.

If there is some thread of reason here–it's a design and they designed it–that thread was long ago cut in many places, as U.S. courts long ago ruled. For players, there's another problem, too: the post-private equity Fender of 2026 doesn't make the best guitars anymore. Here's Tim Pierce: "Fender commits brand suicide."