Goodbye cheap Strat copies in EU?

[paul_]

http://routenote.com/blog/fender-wins- ... -copycats/

Fender has secured a major legal victory in a lawsuit over its iconic Stratocaster design, a ruling that could reshape the guitar industry.

One of the world’s most iconic guitar manufacturers, Fender Musical Instruments Corporation, has secured a major legal victory that could have significant implications for the guitar industry. A German court recently ruled in favour of Fender in a lawsuit concerning the design of its legendary Fender Stratocaster, confirming that the guitar’s body shape is protected under copyright law in Europe.

The case centred around a Chinese manufacturer, Yiwu Philharmonic Musical Instruments Co., which had been selling guitars with a body shape very similar to the Stratocaster through online marketplaces including AliExpress. Fender argued that the instruments unlawfully copied the distinctive design of the Stratocaster, one of the most recognisable electric guitars ever created.

The Regional Court of Düsseldorf agreed with Fender’s argument, ruling that the Stratocaster body shape qualifies as a “work of applied art” under German and EU copyright law. This means the design is considered an original creative work rather than a purely functional product design.

As a result of the ruling, the Chinese manufacturer is prohibited from manufacturing or selling guitars featuring the Stratocaster body shape in Germany and across the European Union. Violations could lead to fines of up to €250,000 or even imprisonment for repeated offences.

The decision is being viewed as a landmark moment for intellectual property in the guitar industry. For decades, many manufacturers have produced guitars inspired by classic Fender designs. While some of these instruments differ enough to avoid legal issues, others have closely mirrored the look of the Stratocaster.

By recognising the body shape as a protected creative work, the court has effectively given Fender stronger legal grounds to challenge copies of its iconic designs across the EU, even if those guitars are manufactured outside Europe.

[Gavin]

What about Ibanez super strats? This feels kind of unenforceable at this point tbh.

[NickD]

If it sets a precedent other manufacturers will just slightly change the shape of their guitars - most single cut LP style guitars have a subtly different shape now for similar reasons.

[sunshiner]

You gotta move

[Bacchus]

Finally, a Brexit dividend?

[Nick]

They need to stop making guitars.

[NickD]

Finally, a Brexit dividend?

[Bacchus]

You'd sell a few in Belfast in July!

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[dots]

The horse has not only been out of the barn, but it's been long enough to become the glue holding together the repaired barn door.

Don't the other manufacturers just change the headstock anyway?

[Ankhanu]

I think this is the body itself?
So yeah, slightly changed curve radii, bigger/smaller bouts...

[paul_]

[dots]

right, for several years now, Fender has been on the bend of trying reposition themselves as a premium brand (e.g. the "discriminating tastes" ads from years back) while historically they were price pointed at consumers. even with the bumps they've thrown at MSRP the last several years, their guitars lined up great against inflation vs. price tags from back in the day.

kicking out the competition is a signal they mean to price most people out of the market and sell fewer guitars for more profit. for IT folks, this is akin to Broadcom's purchase of VMWare, the go-to solution for enterprise shared compute for more than 25 years. every small and medium business is getting kicked off as the new ownership is jacking up licensing fees by 10x. it's insane.

[paul_]

“The company disagrees with Fender’s assessment”: PRS has been hit by a cease-and-desist from Fender – bringing John Mayer’s Silver Sky into the center of the S-style legal dispute

http://www.guitarworld.com/gear/electr ... and-desist

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[plopswagon]

Can we we send a John Mayer a cease and desist?

[paul_]

I’ve been doing that for years, he just ignores them and keeps dating kids.

[dots]

^

in looking at the Strat design and its "copies", you could easily make the argument the original basically follows the shape Bigsby came up with years before.

[plopswagon]

…which Fender owns…