Cease-and-Desist Tsunami in the Guitar Industry: Fender, the Stratocaster, and the Limits of Copyright Law

Relying on a default judgment issued by the Regional Court of Düsseldorf, Fender claims copyright protection for the body shape of the “Stratocaster” and is sending cease-and-desist letters to numerous guitar manufacturers and dealers using Strat-style shapes in Germany. SKW Schwarz is representing Maybach Guitars in this dispute. The case illustrates how far copyright protection for iconic product shapes may actually extend.

In a default judgment dated December 22, 2025 (Case No. 14c O 64/25), the Regional Court of Düsseldorf ruled solely on the basis of Fender’s submissions and without any opposing arguments that the body shape of the Fender “Stratocaster” constituted a copyright-protected work of applied art. Fender is now using this decision as the basis for a huge wave of cease-and-desist actions against numerous manufacturers of guitars with Strat-style shapes — including Maybach Guitars.

What Fender Is Demanding

• Cessation of the manufacture, distribution, and promotion of certain guitar models,
• Execution of a cease-and-desist declaration subject to contractual penalties,
• Destruction and recall of the affected guitars,
• Comprehensive disclosure of information, as well as damages and reimbursement of legal fees.

For affected manufacturers, far more than just a single product line is at stake.

The Counterposition: Iconic, Yes — Monopoly, No

Maybach Guitars is defending itself with the support of an international legal team, including SKW Schwarz (Dr. Magnus Hirsch). The response focuses, among other things, on:

• the limits of relying on a default judgment against an entire industry,
• the decades-long tolerated use of the Strat shape by hundreds of manufacturers worldwide,
• international precedents in which the Strat body shape was classified as generic, as well as
• specific design differences between Maybach guitars and the examples cited by Fender, and also
• the protection of everyday items, so-called works of applied art, under copyright law, which is virtually unlimited in duration, alongside design protection, which is limited to 25 years.

What Does This Mean for the Industry?

The Stratocaster case demonstrates that copyright protection for iconic shapes might be possible — but not unlimited. Companies receiving cease-and-desist letters should neither panic nor sign anything prematurely, but instead carefully examine their legal options. This is especially relevant because not only could Fender assert similar claims regarding other models, but other well-known guitar manufacturers may also follow Fender’s example.

Our partner and attorney Dr. Magnus Hirsch will be pleased to assist you with any questions or advisory needs.