Thomann Takes Fender to Court: Europe's Largest Music Retailer Challenges Stratocaster Body Shape Claims

Thomann has officially filed a lawsuit against Fender following the American manufacturer's recent campaign of cease-and-desist letters concerning the iconic Stratocaster body shape. The European retailer has also confirmed that its in-house guitar brand, Harley Benton, was among the companies that received one of these legal notices.

In an official statement, Thomann explained that it has been watching Fender's legal campaign with growing concern. The company also pointed out that the court ruling on which Fender bases its current actions was issued as a default judgment because the defendant failed to appear in court, meaning the case itself was never fully argued.

According to Thomann, Fender is now relying on that judgment in an attempt to establish exclusive rights over the Stratocaster body shape while simultaneously pursuing legal action against European manufacturers and retailers. The company also noted that American guitar makers selling instruments in Europe could likewise be affected.

Explaining its decision to initiate legal proceedings, Thomann stated:

"After carefully evaluating the situation, we decided to pursue legal action. We firmly believe that the issues raised by this case extend far beyond a simple legal dispute. They have significant implications for the future of diversity, innovation, and fair competition throughout our industry."

Until now, it was widely known that many manufacturers had received similar cease-and-desist letters, but only PRS and LSL had publicly acknowledged receiving them. Thomann has now confirmed that its own brand, Harley Benton, was also among those contacted, validating speculation that had circulated within the guitar community.

Throughout its statement, Thomann emphasizes that its primary goal is to have the matter examined through a fair and impartial legal process. The company notes that the original default judgment did not involve a comprehensive review of how the S-style body shape has been used across the guitar industry over many decades. As a result, a full court proceeding could potentially reach a very different conclusion regarding the copyright and trademark status of the famous body design.

In recent weeks, Fender's legal campaign has sparked widespread criticism across social media platforms and YouTube, particularly because of the contrast between the company's size and smaller builders such as LSL. LSL recently announced that it was preparing its own legal defense with the assistance of experienced guitar attorney Ron Bienstock.

However, Thomann's lawsuit represents the first instance in which one of the affected companies has chosen not merely to defend itself but to proactively launch legal action against Fender.

Thomann CEO Hans Thomann addressed the situation directly:

"We ourselves began as a small music store, and we know exactly where we came from. Diversity, fairness, and treating others with respect have always been central to our philosophy. Many of those affected simply do not have the financial or legal resources required to pursue such complex litigation. That is why we believe it is our responsibility to seek judicial clarification—not only for our own company, but for everyone impacted by this situation."

The complete legal arguments behind Thomann's lawsuit have not yet been made public. Nevertheless, the filing itself marks a significant turning point in the dispute.

As Europe's largest musical instrument retailer and one of Fender's most important dealers, Thomann's decision to initiate legal proceedings—rather than waiting for Fender to act on its cease-and-desist letters—suggests considerable confidence in its legal position. It also demonstrates that concerns surrounding Fender's campaign extend well beyond social media discussions and YouTube commentary, evolving into a major legal battle within the global guitar industry.