Strat body shape gets protection in Germany and EU

[Chistopher]

“Reinforces the value of originality”: Fender secures legal ruling to protect the Stratocaster body design

Fender says the ruling creates enforceable rights against any guitars using the Stratocaster body shape that are manufactured, sold or distributed into Germany or other countries of the European Union

www.guitarworld.com

 

[Chris Pile]

YE GODS.
Bill Shakespeare was right - KILL ALL THE LAWYERS.

 

[Mincer]

This is going to have reverberations around the world, I bet. No longer is it just the headstock. We'll see it with legacy models across all brands.

 

[Chistopher]

I wonder if they will use this as precedent to make their case again in America.

 

[playas]

 

[Rex_Rocker]

They're going all Gibson on us now, LOL.

 

[ehdwuld]

But those body shapes have been used for decades by random manufacturers

T-style and S-style are descriptive terms in ad copy


The Ibanez RG

Ibanez litigated that decades ago

 

[Mincer]

I wonder if they will use this as precedent to make their case again in America.

I bet they are preparing a case right now.

 

[Elmore]

Looks like it failed in the US in 2009.

 

[playas]

I find it difficult to believe that that would hold water for long...there are so many companies (German ones among them) who have strat shaped guitars that it has lost any ownership of the shape a long time ago...and there are also any number of subtle changes to the original shape that it must be incredibly difficult to define exactly what that shape entails.

 

[ehdwuld]

I find it difficult to believe that that would hold water for long...there are so many companies (German ones among them) who have strat shaped guitars that it has lost any ownership of the shape a long time ago...and there are also any number of subtle changes to the original shape that it must be incredibly difficult to define exactly what that shape entails.

I can think of Thomann's versions

 

[Mincer]

I can think of Thomann's versions

I bet this case was brought up because Thomann is killing it with their lower priced Fender-alikes.

 

[ehdwuld]

I bet this case was brought up because Thomann is killing it with their lower priced Fender-alikes.

No doubt those things are spec'd out with roasted necks, stainless frets, all the bells

 

[playas]

They did come to mind alright.
Apart from them there are lots of smaller operations that will be worried as a result. It's also going to be interesting regarding kit and diy guitars.

..and I'm curious to know if fmic will try and try and take advantage by robbing improvements made to the design by others, eg. neck joint improvements.

I'd also be curious to know how much a German ruling can dictate what happens in the rest of the EU...and I suspect not a lot.

 

[Securb]

I wonder if they will use this as precedent to make their case again in America.

In America, you have to protect your brand to have a trademark. For years, Fender allowed other companies to make Strat and Tele-style bodies. If they started suing people right out of the gate, they could enforce the trademark in America. People like Gibson and DiMarzio get slammed for being litigious. If you are not, when someone like the Chinese manufacturer Fender sued is making 1:1 knock-offs of your brand, you have little legal ground to stand on. I think it is a little too late for Fender to get the toothpaste back in the tube.

 

[ehdwuld]

In America, you have to protect your brand to have a trademark. For years, Fender allowed other companies to make Strat and Tele-style bodies. If they started suing people right out of the gate, they could enforce the trademark in America. People like Gibson and DiMarzio get slammed for being litigious. If you are not, when someone like the Chinese manufacturer Fender sued is making 1:1 knock-offs of your brand, you have little legal ground to stand on. I think it is a little too late for Fender to get the toothpaste back in the tube.

While I agree

This didn't stop Gibson from suing Dean into bankruptcy over products they had made for two decades

Of course this happened in Europe as well
The EU laws may be different than the US version

I find it interesting that this lawsuit and the Dean one occurred outside the US