Since its launch in 1954, the Fender Stratocaster has been considered one of the most influential electric guitars in music history. A ruling by the Düsseldorf Regional Court (Case No. 14c 64/25) could now have far-reaching consequences for manufacturers and retailers of similar models. The music retailer Thomann is fighting back against this development and wants the courts to clarify just how far the copyright protection for the famous guitar shape actually extends.

Why the Stratocaster shape should be protected

On December 22, 2025, the Düsseldorf Regional Court ruled that the body of the Fender Stratocaster is a copyright-protected “work of applied art.” In doing so, the court treated the design not merely as a functional product design, but as a personal and creative achievement.

Particular emphasis was placed on the soft curves, the asymmetrical lines, the two “horns” of different lengths, and the pickguard, which was designed to match the body’s shape. The court even compared the shape to a dancer leaning to one side.

For the specific Chinese company named in the lawsuit, the ruling means that it may no longer sell the guitars in question in Germany. In the court’s view, copyright protection in this country generally extends until 2041.

What a default judgment means

However, the decision is not a final, landmark ruling following a fully conducted legal proceeding. The defendant company had failed to state in a timely manner that it intended to defend itself against the lawsuit. Consequently, the court had to treat the facts presented by Fender—which were set forth in a clear and comprehensible manner—as admitted in principle.

Counterarguments regarding the origin of the design, its technical functions, or the decades-long prevalence of similar guitars were therefore not thoroughly examined. It therefore remains unclear whether a court would reach the same conclusion in a case involving two actively disputing parties. Furthermore, the ruling does not automatically ban all guitars in the so-called “ST” style.

Why Thomann Is Taking Action Against Fender

According to media reports, Fender used the Düsseldorf ruling to issue cease-and-desist letters to manufacturers and retailers of similar guitars. Thomann is affected in two ways: The company sells numerous models from other brands and, through its own brand, Harley Benton, offers Stratocaster-style instruments itself.

On June 22, 2026, Thomann announced that it had initiated legal action. The goal is to obtain a court ruling on whether Fender can in fact claim broad copyrights to the body shape. The music retailer believes that this issue affects not only its own product line but also diversity, innovation, and competition in the guitar industry.

What This Means for Manufacturers and Retailers

If Fender’s legal position prevails, manufacturers of very similar guitars could face cease-and-desist orders, claims for damages, product recalls, and other costs. The decisive factor in each individual case would be whether creative features of the Stratocaster were recognizably copied. A different color, headstock, or technical specifications might not be sufficient to rule out a copyright infringement.

Private owners are not required to surrender the guitars they have already purchased as a result of the ruling. The Düsseldorf decision specifically concerns the sale of instruments that have been the subject of complaints. For dealers and guitar makers, however, the situation remains uncertain until the outstanding legal issues are resolved in litigation.

The next round will decide

The Düsseldorf court ruling initially strengthens Fender’s legal position, but does not yet provide definitive clarity for the entire guitar market. Thomann’s course of action could now reveal whether the iconic Stratocaster shape will indeed remain protected until 2041 or whether it must be assessed differently under the law due to its technical characteristics and decades of widespread use.