Fender, the iconic guitar manufacturer, has succeeded against Chinese guitar manufacturer Yiwu Philharmonic Musical Instruments Co in Düsseldorf Regional Court in Germany over alleged importation of copied guitars which reproduced the ‘Stratocaster’ body design.
Fender’s claim was based on the fact that the goods imported by the defendant copied the body design which Fender coin the ‘Stratocaster’ design. These goods were sold by the defendant online through AliExpress and were shipped into Germany.
The Stratocaster design itself is one of the most iconic guitar designs in the world. Fender was famously unsuccessful in its attempt to register its Stratocaster, Telecaster and Precision body shape as trade marks in the USA. However, these applications were made decades after the designs were first produced. Therefore, the shape for the ‘Stratocaster’ had already become so common that it was not capable of indicating its origin. Fender’s attempt to trade mark the shape in question therefore failed.
The present case concerned copyright in the design as opposed to trade marks. The Stratocaster was found to be a work of applied art and the result of original creative expression, rather than a functional tool, and therefore capable of copyright protection under European Law.
This case is important in the guitar industry as for decades the ‘Stratocaster’ design has been used as inspiration across the industry for electric guitars, hence Fender’s earlier failure in registering the shape as a trade mark. The shape’s recognition as a copyright work gives Fender stronger legal grounds to take action against copies of the Stratocaster across the EU. A spokesperson for Fender stated that they do not wish to restrict innovation in the guitar industry, but instead its claim was a targeted action against clear infringement and that it seeks to protect the legacy of the design as well as the artists which shaped it.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
