Musical Instruments: The Fender Guitar Controversy is Escalating

Fender has escalated its legal battle against the German music retailer Thomann over alleged copyright infringement involving replicas of its iconic Fender Stratocaster electric guitar. This week, Fender filed a lawsuit with the Regional Court in Düsseldorf, accusing Thomann of copying the classic design of the Stratocaster using guitars under its own brand, Harley Benton. The American guitar manufacturer claims that these replicas infringe upon its intellectual property rights, following earlier efforts to notify more than 60 guitar manufacturers and retailers across Europe that they were violating copyright laws by producing and selling guitars that resemble the Stratocaster. The Fender Stratocaster is one of the most renowned electric guitars in history, having been produced since 1954. It has become an icon of rock culture, played by legendary musicians such as Buddy Holly, Jimi Hendrix, David Gilmour, and Eric Clapton. According to Fender’s own figures, approximately 500,000 Stratocaster guitars are sold annually worldwide, with around 34,000 of them sold in Germany each year. Despite its widespread popularity, the design of the Stratocaster has long been copied by both budget manufacturers and well-known brands such as Yamaha, Ibanez, and PRS. Many had assumed that the guitar's design fell into the public domain, meaning it was no longer protected by copyright. However, recent months have seen a growing dispute over this assumption. While technical patents for specific inventions would have expired long ago, and trademark protection does not apply to product designs, Fender has now turned to a landmark court ruling from the Regional Court in Düsseldorf dated December 22, 2025. This ruling determined that the body of the Stratocaster constitutes a work of applied art protected by copyright. Fender was represented by the prestigious law firm Bird & Bird, which specializes in intellectual property law. The case originated from Fender’s attempt to take action against a Chinese budget seller operating through the online marketplace AliExpress, who sold the guitar for just under €62—far below the price of even the cheapest original models. Fender had previously purchased a replica guitar through a test order and subsequently filed a lawsuit seeking an injunction. The court ruled in favor of Fender, recognizing the unique design of the Stratocaster. Importantly, the court noted that the original Stratocaster was introduced in Germany in 1954, and at that time, the duration of copyright protection for works of applied art was set at 50 years after the death of the creator. Therefore, the guitar remains protected in Germany until 2041. The court described the Stratocaster’s body as a “remarkable mental creation” that reflected the personality of its inventor, Leo Fender, who passed away in 1991. The design was deemed “futuristic, elegant, and timeless,” representing a groundbreaking innovation when it was first released. The court highlighted the soft curves of the guitar, suggesting they evoke the image of a female figure composed of hips, waist, and arms. The asymmetric shape was described as giving the impression of a dancer leaning slightly to the right. A key legal detail in this case is that the Chinese vendor did not appear in court, resulting in a so-called “default judgment.” This means the court’s decision stands without the need for further proceedings. Thomann has expressed resistance to the ruling, citing the lack of direct involvement from the accused party. The ongoing legal battle highlights the complexities surrounding the ownership of iconic musical instruments and their designs in an era where global manufacturing and digital commerce blur traditional boundaries.