Thomann Sues Fender: Music Retailer Goes on the Offensive in Stratocaster Dispute

It’s official: Thomann sues Fender The world’s largest music retailer is firing back with a legal counterpunch against the wave of cease-and-desist letters the US guitar maker has been sending for weeks to manufacturers and retailers of S-style guitars across Europe and the US. With the lawsuit, Thomann says it’s standing up for its own brand Harley Benton, along with a whole string of other affected companies. Here’s the statement.

The Bottom Line

Thomann has taken legal action against Fender

The dispute is rooted in a default judgment from the Düsseldorf Regional Court in December 2025

Since May 2026, Fender has been sending cease-and-desist letters to S-style guitar manufacturers and retailers through the law firm Bird & Bird

Thomann’s own brand Harley Benton is caught up in the wave of letters too

Thomann wants the copyright infringement claims settled in a proper court proceeding

CEO Hans Thomann frames the move as a responsibility toward the entire industry

Thomann is calling on Fender to stop the letters and return to a cooperative relationship

Thomann Sues Fender: Background, Statement, and Fallout for the Guitar IndustryThe Bottom LineThe Backstory: Weeks of Cease-and-Desist LettersA Shared History Going Back to 1954Form Follows Function: The Core ArgumentWhy Thomann Is Acting NowThe Appeal to FenderBottom Line and My Take on “Thomann Sues Fender”More Information on “Thomann Sues Fender”

The Backstory: Weeks of Cease-and-Desist Letters

The whole thing traces back to a default judgment from the Düsseldorf Regional Court in December 2025. The court ruled at the time that the Stratocaster’s body shape counts as a copyrighted work of applied art. The defendant was a Chinese seller shipping nearly identical copies into Germany via AliExpress, who never even showed up in court.

Starting in May, Fender used that ruling as grounds to send cease-and-desist letters through the law firm Bird & Bird to manufacturers and retailers across Europe and the US. The demands included halting production and sales, recalling guitars already sold, and handing over customer and sales data. PRS and several smaller American luthiers have since publicly confirmed they received one of these letters.

Fender CEO Edward “Bud” Cole addressed the industry backlash publicly for the first time in mid-June, insisting the company wasn’t suing anyone, just reaching out to a handful of businesses. Now Thomann is upping the ante: Thomann is suing Fender, turning defense into offense.

A Shared History Going Back to 1954

1954 was a big year for both companies. Fender launched the Stratocaster that year, and Thomann was founded the same year. Fender instruments landed in Thomann’s catalog not long after, and they’ve stayed there ever since. Thomann says it’s carried the brand with genuine conviction for more than 70 years now, and plenty of Thomann employees play Fender guitars themselves.

That’s exactly why Thomann’s statement leans into the personal side of this fight. The company says it found Fender’s current approach toward longtime business partners surprising and disappointing, language that says a lot about how far this relationship goes beyond a simple buyer-seller arrangement.

Form Follows Function: The Core Argument

At the heart of the statement is a principle Thomann sums up as form follows function. The Stratocaster didn’t become successful purely because of its looks, the company argues, but because of its ergonomics. The upper horn balances the instrument, the cutaways make the upper frets easier to reach, and the body contours add comfort. All of that, Thomann says, was originally designed to give musicians the most functional instrument possible.

Thomann Sues Fender Over the Wave of Cease-and-Desist Letters Against S-Style Guitar Makers and Retailers · Source: Thomann

That functional logic, Thomann goes on, has made the shape a starting point for countless variations over the decades. Small workshops and established manufacturers alike have kept reinterpreting the S-style concept generation after generation. In the US itself, the shape has long been considered public domain.

As an example, Thomann points to Eddie Van Halen’s legendary Frankenstrat. That kind of free experimentation is exactly what gave rise to the SuperStrat, a development that still inspires guitarists and builders today, one Thomann says even Fender itself ultimately benefited from.

Why Thomann Is Acting Now

Thomann says the current escalation hits close to home, since its own Harley Benton brand is caught up in the wave of letters too. The company says it wants to keep offering customers the full range of the guitar world going forward. It’s experiencing the situation as both a retailer and a manufacturer at the same time.

Thomann is suing Fender for smaller manufacturers too, the ones who could never afford a legal fight like this on their own. The company explicitly says it wants the copyright infringement claims settled in a proper, neutral court proceeding where both sides get to make their case. The Düsseldorf ruling so far never went through an actual evidentiary hearing, a meaningful difference from a fully contested trial.

Hans Thomann junior · Source: Thomann

CEO Hans Thomann adds: “We used to be a small music store ourselves and know exactly where we have come from. Diversity, fairness and respectfully dealing with each other have always been part of our philosophy. 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 specifically names manufacturers outside its own catalog too. Custom shop brands and innovators like Tyler, Tom Anderson, Suhr, LSL, Maybach, Pensa, FGN, and PRS get cited as examples of a diverse guitar scene the company believes is now at risk because of how this is unfolding.

The Appeal to Fender

Thomann closes the statement with a direct appeal. The Stratocaster’s story, the company argues, was always written by musicians, builders, and manufacturers around the world, never by a single company. That diversity is exactly what Thomann sees as one of the industry’s biggest strengths.

Thomann says it plans to keep pursuing this legal path, for its own company as well as for the many manufacturers, retailers, and luthiers who’ve shaped the industry for decades. The company is calling on Fender to stop the cease-and-desist letters and get back to a cooperative relationship.

Bottom Line and My Take on “Thomann Sues Fender”

Thomann is suing Fender, and that pushes the fight over the Stratocaster’s shape into a whole new phase. Instead of individual cease-and-desist letters and public statements, there’s now an actual court case on the table, one where both sides will have to lay out their arguments. Thomann says there’s no formal coordination with other affected manufacturers or retailers, the company is acting on its own legal footing here. How Fender responds to this is obviously still up in the air for now. As always, we’ll keep you posted.

Whether Thomann actually moves the needle with this is hard to call right now, but it’s safe to say almost nobody in the industry is watching this one from the sidelines. Honestly, I wouldn’t be surprised if this case ends up answering some bigger questions, like how far shape protection in guitar building should really reach, or whether Fender ends up backing down completely. What’s your take? Drop a comment, we’re curious to hear how you see this one.

More Information on “Thomann Sues Fender”

Thomann’s full statement on the t.blog

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More News on Thomann

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