Thomann Sues Fender Over Cease-and-Desist Campaign A s of June 22, Thomann, Europe’s largest MI retailer, is suing Fender in an effort to
ing with each other have always been part of our philosophy,” said Thomann, who argues that the Stratocaster’s cultural significance is influenced by generations of musicians, builders and manufacturers who have ex- panded upon the concept. “The history of the Stratocaster has not been written by one company alone,” Thomann’s statement continued. “It has been shaped by musicians, luthiers, de- velopers and manufacturers around the world. Its importance for the music world also arises from the sheer number of people who built on it and developed new ideas from it … We urge Fender to stop issuing cease-and-desist demands against manu- facturers, distributors and dealers and to return to a fair, cooperative partnership. Because we are convinced of this: The future of the guitar world depends on diversity, innovation and the freedom to create.” MI — By Kimberly Kapela
stop the company’s ongoing cease-and-desist campaign targeting guitar makers that produce Stratocaster-style body designs. In taking legal action, Thomann said it’s fighting not only on behalf of its own Harley Benton brand, but also for the broader community of manu- facturers affected by Fender’s legal claims. Several weeks ago, Fender issued cease- and-desist letters to guitar companies over the use of Stratocaster-style body shapes, including U.S.-based manufacturers such as PRS Guitars, as previously reported by Music Inc. Thomann’s Harley Benton brand was also among these brands, making the retailer the first company to bring Fender to court. “We used to be a small music store our- selves and know exactly where we have come from,” said Hans Thomann, Thomann CEO, in a statement. “Many of those affected do
not have the financial and legal means to conduct such a legal dispute. We therefore see it as our responsibility to have this mat- ter clarified in court not only for our own company, but for all parties involved.” Thomann named manufacturers beyond its own catalog that have been impacted by Fender’s actions, including Tyler, Tom Anderson, Suhr, LSL, Maybach, Pensa, FGN and PRS. The company’s legal position echoed arguments previously raised by industry attorney Ronald Bienstock that the S-style design shouldn’t be considered copyright- able, but rather an influential example of functional guitar design. “Diversity, fairness and respectfully deal-
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