This is fascinating, not least because who is going to comply with sending back a recalled product……
Are PRS going to let this slide? Where does it end?
First off, this is based on a ruling in Germany, and my understanding is it only applies in Europe. In the US, the Strat shape has entered public domain. Second, Fender only won the case in Germany because the opposing party didn’t show up.
My feeling is that this is Fender and their German lawyers hugely overstepping, and the backlash in the guitar community is already happening. I expect they will have to step back from this quite a bit.
My bro-in-law is a professional luthier who builds high end custom guitars (similar in quality and price to Fender Custom Shop).
He received a cease and desist from Fender a few years ago because he makes Strat and Tele style guitars. He at first freaked a little (he’s a little guy, small business … etc) and then basically ignored it. He pretty much concluded, with the assistance of guitar playing legal counsel, that what he builds and what Fender builds are not directly comparable … “they wish their stuff was as good as mine.”
Not a peep from Fender since that initial letter.
F Fender.
My understanding is it’s global as the original case was brought against a Chinese manufacturer. It will impact builders selling in to EU. I think US manufacturers have received letters. I think it’s a bit of an error
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This is a recent development and a global approach
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I believe it’s global, if US manufacturers are shipping to Europe, because even though it’s a Chinese company, it was a case in German courts. Essentially, Europeans will only get Strats or Strat-shaped devices from Fender. German courts don’t have any jurisdiction over the US.
Again, the Strat shape is in the public domain in the US.
Fender has a rep for trying to bully small builders.
Fender and Gibson alike.
It’s not going to go well for Fender in the social media sphere.
I’m not sure that this ends well. I think it would be / is almost the equivalent of retrospectively attempting to define your self as the owner of the classic bicycle design, or a car and saying that a Walmart double triangle bike is the same as a tour bike………not sure if the analogy holds
Interesting
As I posted in the comments “Fender is the Nike of guitars; in all the worst ways”
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