Thomann, the world’s largest music retailer, is suing Fender in an effort to halt the company’s cease-and-desist campaign against guitar makers that use Stratocaster-style body designs.
In doing so, Thomann says it is standing up not only for its own Harley Benton brand, but also for other manufacturers affected by Fender’s legal action.
For weeks, Fender has been sending cease-and-desist letters to U.S. guitar makers such as PRS Guitars, as well as retailers of S-style electric guitars across Europe and the U.S.
The campaign stems from a December 2025 ruling by the Düsseldorf Regional Court, which determined that the Stratocaster’s body shape qualifies as a copyrighted work.
We used to be a small music store ourselves and know exactly where we have come from.”
— Thomann CEO Hans Thomann
Since May, Fender has cited that decision in demanding that manufacturers and retailers cease production and sales of Stratocaster-style guitars. In addition, the company has called on them to recall instruments already sold and provide customer and sales data.
Fender CEO Edward “Bud” Cole said in June that Fender is not suing anyone, but simply enforcing its intellectual property rights. The company’s position directly affects Thomann, particularly its Harley Benton line of guitars.
However, Thomann says its lawsuit is about more than protecting its own interests.
“We used to be a small music store ourselves and know exactly where we have come from,” Thomann CEO Hans Thomann says. “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 matter clarified in court not only for our own company, but for all parties involved.”
Thomann also notes that the Düsseldorf ruling was a default judgment issued after the defendant — a Chinese seller of Stratocaster-style guitars — failed to appear in court. By pursuing its case, Thomann hopes to have the copyright claim tested in a fully contested trial.
There is a personal side to the dispute as well. Thomann debuted in 1954, the same year Fender introduced the Stratocaster. Since then, the retailer has carried Fender products alongside S-style guitars made by numerous other manufacturers.
At the heart of Thomann’s case is the claim that form follows function — that the Stratocaster shape is not merely artistic but functional as well. The guitar’s double cutaways provide upper-fret access and help balance the body, making them practical design elements. Thomann also argues that Fender has benefited from the shape’s ubiquity, which can be seen in everything from Eddie Van Halen’s Frankenstein to the rise of the Superstrat.
Thomann is not seeking financial damages, but rather a determination that the use of an S-style body shape does not constitute copyright infringement.
