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Fender escalates legal campaign against S-style guitars

guitarworld.com

81–90 of 137 posts

Re: Fender escalates legal campaign against S-style guitars

#81

on the one hand this sucks on the other hand let a thousand schools of steinberger/strandberg-style weirdness bloom

I think Fender are idiots for doing this but I also wonder why companies copy the body style so slavishly. You would think makers of musical instruments would be a little more creative themselves.

It's the same reason why bikes all look the same. There's only so many ways to design around a set of constraints.

Re: Fender escalates legal campaign against S-style guitars

#82

Earlier quoted context omitted.

I suspect because the Chinese firm in question was a fabrication of FMIC for exactly this purpose.

There are a lot of real Chinese firms (factories) that make unapproved copies including body shape, headstock shape, logo, and brand name.

There are, making such a conspiracy all the easier to perpetrate.

Re: Fender escalates legal campaign against S-style guitars

#83
post #74

Unpopular opinion: I struggle to get angry at this. These are clearly rip-offs of the Stratocaster design. Sure, Fender makes crappy guitars nowadays and has mostly ruined their brand. Go make a new design. Let Fender die. Cases like this are exactly what copyright law is made for, and its a judicious and good application of it. I'm not going to feel sorry for these shops because they're small mom & pop shops when I…

Except the design was never copyrighted. It was created at a time when you had to register with the copyright office, which they didn't do. This is just an attempted money grab.

Re: Fender escalates legal campaign against S-style guitars

#84
post #69

Earlier quoted context omitted.

So why not license the shape then? They could do a royalty with those deemed of quality and deny a license to those that are of lower quality and then sue them if they don't use the design. This would allow them to manage quality with lower reputational harm.

> So why not license the shape then? Because - until it makes its way through the courts - it’s not established that Fender has the rights to claim ownership of on the shape in the first place. In the US, there’s three routes for that - design patent, trade dress and artistic copyright. AFAIK they don’t have a design patent. Trade dress is hard to prove association - would most people on the street say “yep, that’s 1…

In the US, I'm pretty sure they have no protection. They lost a US case to establish a trademark in 2009 [1] (2009 article title says copyright, but text is about a trademark suit). A design patent would have expired, unless it was filed in 1954 and was pending until recently or is still pending... US patents filed before 1995 don't start their validity period until issuance, but that'd be a big stretch.

It's possible there's a US copyright claim, but on a 1954 design, you would have to have registered it, marked the works with the copyright (on at least most of the copies), and timely renewed. There's also, IMHO, a solid question of if US copyright applies to the shape of a guitar. If they had a strong case, I think they would have tried to enforce on it in 2009 when they tried to enforce on trademark.

[1] https://www.musicradar.com/news/guitars/fender-loses-guitar-...

Re: Fender escalates legal campaign against S-style guitars

#85
post #56
post #12

Fender doesn’t even make the best strat and so overpriced, but I guess it’s subjective.

The body has literally 0 effect on the sound of an electric guitar. Only the pickups matter. https://www.youtube.com/watch?v=n02tImce3AE

If you only care about the sound, according to a single youtuber.

Other things one might care about:

- Ergonomics: weight, balance, shape of the neck & body, finishes all affect the feel of playing the guitar

- Build quality: Reliability, stability of the wood, ease of setup

- Durability: Quality of finishes, quality of assembly

- Aesthetics

Re: Fender escalates legal campaign against S-style guitars

#86
post #57

Earlier quoted context omitted.

I think Fender are idiots for doing this but I also wonder why companies copy the body style so slavishly. You would think makers of musical instruments would be a little more creative themselves.

It's a pretty restrictive design space. The Stratocaster shape is based on the centuries-old shape of acoustic guitars. The lower dip of the "hip" of the guitar shape serves a practical purpose, in allowing it to rest on your leg when playing seated. The upper dip mirrors the lower hip aesthetically and removes weight. The cutaways in the upper bout allows you to access the higher frets. At that point there's not a w…

Upvoted because you've captured the overall point pretty well, but I will say that the Flying V can be pretty dang comfortable seated if you hold in the classical position (i.e., resting on your fretting side thigh). I almost always play standing anyway, but when I do sit, I usually rest the guitar (acoustic or electric) on my left leg anyway because I find it more comfortable.

As with most things guitar, it's mostly about what works for the individual player.

Re: Fender escalates legal campaign against S-style guitars

#87

If you're not guitar gear nerd, you might be unaware: Fender doesn't make the best version of its various guitar shapes (with one debatable exception)[1]. If you want an off-the-rack "S-Style" guitar (Stratocaster) there's a handful of premium, smaller brands that will make an objectively better guitar than any of Fender's offerings, including their premium "Ultra" series: Suhr, Anderson Guitarworks, James Tyler Guit…

So why not license the shape then? They could do a royalty with those deemed of quality and deny a license to those that are of lower quality and then sue them if they don't use the design. This would allow them to manage quality with lower reputational harm.

well, in the US, those shapes were ruled public domain.

in Germany, Fender recently won a default ruling because a chinese counterfeiter didn't even show up in court, and they're now using that to go after anyone selling in the EU, even though that's not really what that case win means. But private equity is going to private equity.

Re: Fender escalates legal campaign against S-style guitars

#88

Earlier quoted context omitted.

Maybe someone new to music and guitar would mistake them for the real thing, but these copies have different hand styles and they have neither the Stratocaster nor the fender logo. This is a non-issue. The actual problem lies within fender itself. Not only it's aggressively protecting a old design, fender itself is guilty of being misleading when it splits its product line into multiple brands that's often confusing…

The problem is some PE has read up on the FujiGen Gakki guitars of the 70s and thought they could strike rich with a test case in a soft German court - and they were right.

it's yet to be proven that they are right, the only thing they won in the german court is a default ruling because they picked a defendant who they knew wasn't going to show up so they could get a default ruling. The actual merits of the case have yet to be tried.

Re: Fender escalates legal campaign against S-style guitars

#89

> According to Fender, the outcome of the case – launched against a Chinese manufacturer – gave the firm the legal right to “protect its designs in global commerce”. So they used China scare as a trojan horse to sue other US manufacturers? There's some delicious irony in that.

suing US manufacturers who sell in the EU, because they can't sue someone for selling a strat shaped guitar in the US, the shape was declared public domain in the US twenty years ago

Re: Fender escalates legal campaign against S-style guitars

#90
post #57

Earlier quoted context omitted.

I think Fender are idiots for doing this but I also wonder why companies copy the body style so slavishly. You would think makers of musical instruments would be a little more creative themselves.

It's a pretty restrictive design space. The Stratocaster shape is based on the centuries-old shape of acoustic guitars. The lower dip of the "hip" of the guitar shape serves a practical purpose, in allowing it to rest on your leg when playing seated. The upper dip mirrors the lower hip aesthetically and removes weight. The cutaways in the upper bout allows you to access the higher frets. At that point there's not a w…

This is why the materials from Fender keep trying to emphasize that the strat shape was an explicitly creative decision and not a functional one, because if it's primarily a functional design, they've got nothing (see how there's only so many ways to design a shovel, you can't sue someone for copying your shovel design)
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