Fender CEO Edward “Bud” Cole has publicly addressed the growing controversy surrounding the company’s recent cease-and-desist letters aimed at guitar manufacturers that sell Stratocaster-inspired instruments.
Speaking at a recent dealer event, Cole sought to clarify Fender’s position following weeks of backlash from players: “First and foremost, Fender is not suing anybody,” Cole told attendees. “What we’ve done is reach out thoughtfully and respectfully to a handful of companies whose guitars come extremely close to replicating the iconic Fender Stratocaster design.”
More Than Just an “S-Style”?
A significant portion of Cole’s remarks focused on Fender’s belief that the Stratocaster’s contribution to guitar design has been minimized by the widespread use of terms like “S-style” and “S-shape.”
“We’re talking specifically about the Stratocaster, because that’s what this is really about,” Cole said. “Calling it simply the ‘S-style’ or the ‘S-shape’ is an attempt to diminish and whitewash the immeasurable game-changing contribution that Leo and his team made to the entire industry.”
This all started after a recent court ruling in Germany that recognized the Stratocaster body shape as a protected work of applied art under German and European law. The decision followed Fender’s successful legal action against a Chinese manufacturer accused of selling Strat-style instruments into the European market through online retailers.
Fender has characterized the ruling as an important precedent that strengthens protection of the Stratocaster design within the European Union. Following that victory, Fender reportedly sent cease-and-desist letters to a number of manufacturers whose instruments are sold within Europe.
While Fender’s comments emphasize that no lawsuits have been filed against these companies, the letters themselves reportedly include the possibility of future litigation if the requested actions are not taken.
PRS and Other Builders Push Back
The issue escalated further when it emerged that PRS had also received a cease-and-desist letter, reportedly concerning the Silver Sky model developed in collaboration with John Mayer. The move surprised many observers given that the Silver Sky debuted in 2018 and has been one of PRS’s most successful models over the past eight years.
PRS has publicly stated that it disagrees with Fender’s assessment, though the company has not indicated whether it intends to challenge Fender’s position in court.
LsL Instruments, the first builder to publicly reveal it had received a letter, has been even more vocal. The California-based company argues that Leo Fender never secured copyright protection for the Stratocaster body shape and has launched a fundraising campaign to help offset potential legal costs.
According to LsL, some versions of the cease-and-desist letters demand that companies halt production of affected models, recall guitars sold within the EU and destroy remaining inventory.
What Happens Next?
For now, Fender appears to be attempting to enforce its interpretation of European intellectual property law without immediately resorting to litigation. Whether that strategy ultimately leads to court battles remains unclear.
What is clear is that the dispute has struck a nerve throughout the guitar community. From boutique builders to major manufacturers, countless companies have built instruments inspired by the Stratocaster’s silhouette over the past seven decades. Any effort to restrict those designs could have far-reaching consequences for the industry.
As the debate continues, the central question remains unresolved: where exactly is the line between protecting an iconic design and preserving the long-established traditions that have shaped the modern guitar market?
