Striking the Wrong Chord? Fender’s Push to Protect the Stratocaster
Fender, the creator of the Stratocaster electric guitar, has created unwanted buzz in the music world by seeking to enforce copyright protection over its iconic guitar’s design. In late 2025, Fender secured a victory in the Regional Court of Düsseldorf, Germany against a competing manufacturer using the Stratocaster’s design. The German court found that the shape of the Stratocaster, with its distinctive double cutaway design, qualifies as copyrighted work of applied art under both German and European law.
The History and Legacy of Fender’s Stratocaster
The recent decision was not Fender’s first attempt to protect the design of the Stratocaster, although it may represent its first success. The Stratocaster was released in 1954, and in the hands of early trailblazers like Buddy Holly and Ritchie Valens, it became an indelible image of rock ‘n roll and popular culture. With its popularity came imitators, and over the next several decades an entire market of “S-style” guitars emerged, ranging from cheap overseas knockoffs to quality instruments made by major guitar manufacturers. I can recall Green Day’s Billie Joe Armstrong pausing mid-set to talk about his blue Fernandes Stratocaster copy, given to him by his mother as a child. If you don’t think you know the Stratocaster’s shape, just use a “guitar” emoji on your phone. That quintessential red electric guitar is the one!
Prior Attempts to Trademark the Stratocaster Design
For a time, Fender seemed content to be flattered by the Stratocaster’s imitators and did not actively protect its rights to the design. Fender changed its tune in the early 2000s, when it tried to trademark the physical shape of the Stratocaster in the United States. Competing guitar makers and distributors opposed Fender’s trademark application, and ultimately the USPTO’s Trademark Trial and Appeal Board ruled against Fender. Because it had waited nearly 50 years to enforce its rights, the Board found that consumers no longer associated the Stratocaster’s shape exclusively with Fender, rendering the design generic and non-distinctive, and therefore ineligible for trademark protection.
2025 Düsseldorf Court Decision
Fender renewed its efforts to protect the Stratocaster last year, resulting in the Düsseldorf Court’s 2025 decision. Fender’s efforts reached a crescendo this year, as it began a campaign of cease-and-desist letters to prominent brands, including American maker PRS Guitars, and Yamaha, the world’s largest manufacturer of musical instruments. Fender’s demands reportedly included halting production and distribution of S-Style guitars, monetary damages, and even the destruction of existing stock.
The backlash against Fender from guitar players and builders has been vocal, and in June 2026, European music retailer Thomann filed a legal action for a “declaration of non-infringement” against Fender challenging its copyright claims. The question remains: will the Düsseldorf decision hold any sway in U.S. courts? While some industry players may tread lightly in the wake of Fender’s cease-and-desist campaign, my guess is that the non-Fender S-style guitar has not played its last encore.
Levin Ginsburg’s Work in Intellectual Property Protection
Kevin A. Thompson is the head of Levin Ginsburg’s intellectual property practice group. Mark L. Evans is a partner in Levin Ginsburg’s commercial litigation and dispute resolution group, and in his spare time, an electric guitar builder. If you have questions about the protection or enforcement of copyrights or trademarks, our attorneys are here to help.
