Thomann is suing Fender over its latest marketing campaign of cease-and-desist relating to alleged infringement on the Stratocaster physique form. The retailer has additionally confirmed that its sub-brand Harley Benton has acquired a letter over its personal guitars.

Per a assertion revealed by Thomann, the model mentioned it has been following the event of Fender’s cease-and-desist marketing campaign “with nice concern,” and famous that the unique authorized choice that empowered the letters was a default judgement, delivered when the defendant didn’t seem in courtroom. The assertion continues: “On this foundation, Fender is now trying to implement a basic copyright declare to the physique form of the Stratocaster and is concurrently taking motion in opposition to European sellers and producers. American producers who promote their devices in Europe, nonetheless, are additionally affected.”

“After cautious consideration, we now have determined to take authorized motion. We have now achieved so as a result of we’re satisfied that the questions raised right here go far past a mere authorized dispute and have an effect on the way forward for range, innovation and competitors in our business.”

Till now, it was identified that the letters had been pretty widespread, nonetheless PRS and LSL had been the one two manufacturers to publicly verify that they’d acquired them. Thomann’s assertion confirms what many commentators suspected – Harley Benton was one of many manufacturers to obtain a letter.

The assertion as an entire asserts that Thomann desires to see the matter resolved in unbiased courtroom proceedings. Because the preliminary choice was merely a default judgement, authorized proceedings had been restricted – discovery referring to the utilization of the S-style physique form didn’t happen, and so it’s attainable {that a} extra concerned case may come to a special conclusion to the copyright and/or trademark standing of the physique form.

Whereas the letters have impressed furor and backlash on social media and YouTube for weeks – significantly because of the measurement disparity between Fender and LSL – LSL solely not too long ago confirmed it was gearing up for a authorized struggle, hiring skilled guitar lawyer Ron Bienstock. Thomann’s lawsuit is the primary authorized rebuttal to the marketing campaign from an affected model that goes on the offence slightly than the defence.

CEO Hans Thomann echoes this David-and-Goliath inside Thomann’s assertion: “We was a small music retailer ourselves and know precisely the place we now have come from,” he says. “Range, equity and respectfully coping with one another have all the time been a part of our philosophy. A lot of these affected shouldn’t have the monetary and authorized means to conduct such a authorized dispute. We subsequently see it as our duty to have this matter clarified in courtroom not just for our personal firm, however for all events concerned.”

The complete nature of the lawsuit and Thomann’s precise authorized arguments should not but public, nonetheless the existence of the swimsuit itself is a notable shift in temperature for Fender. Thomann is the largest musical instrument retailer in Europe, and likely one in every of Fender’s personal largest sellers. The truth that Thomann is initiating its personal authorized motion, slightly than ready for Fender to follow-through on the threats inside the cease-and-desist, signifies a sure degree of confidence relating to the difficulty, and that power of feeling round Fender’s marketing campaign just isn’t restricted to only social media and YouTube commentators.

Fender has been contacted for remark.