Fender gain legal protection of the Stratocaster body design in the EU

[The Noodlist]

I've also noticed a shocking amount of Fender fakes advertised on dhgate, Ebay

hm... don't get your point with that tbh - relic finish aside, this looks like a bog-standard tele-with-bindings-style axe - every bigger retailer has got dozens of these on offer ('kay maybe less of those with bindings, but that's not really relevant here or is it?) - so what do you think is special about this particular offer? /quote]It has Fender on the neck plate, no doubt, it has a Fender logo on the headstock.

All an attack on the Fender brand. I've seen fake EVH models on sale from China, too.
Another FMIC brand along with Jackson and Charvel.

[The Noodlist]

By the way: now that I saw this one, I think I NEED to have it. I have one of the strat-style Fusions and it's become my main axe now... fantastic guitar!
(These Wilkinson ones are my most favourite vibratos by the way (never got my hands on a VegaTrem though) - they completely mop the floor with anything Fender - have one of them on my Italia Modulo Tipo 3 as well.)

Harley Benton Fusion-T HH EB OCT - that's a lot of guitar for the money.
https://www.thomann.co.uk/harley_benton ... eb_oct.htm

[jens]

All an attack on the Fender brand. I've seen fake EVH models on sale from China, too.
Another FMIC brand along with Jackson and Charvel.

How can this be an attack on Fender?

Do you really think there are people out there thinking "actually I was about to get one of them Vintera II 6O's Teles, but I think I'll shoot myself a cheap unbranded Chinese knock-off off of Ebay instead"?

Nope - but you know what's really an attack on Fender?

The PRS SE NF 53 is, the Pacifica SCs are, the Larry Carltons are, the Schecter PTs are, etc. - and this Harley Benton is certainly a hell of an attack on Squier - and that's called competition.

But instead of going after them, Fender is weaseling around and going after small obscure Chinese manufacturers instead as a pathetic and very unsportsmanlike attempt of indirectly obtaining leverage against their direct competitors that way.

So that's gonna make me think really hard before I ever spend money on Squier again - even though there's absolute zero chance of them ever succeeding with their sad joke of a lawsuit.

True geniuses, their German lawyers - for fiveteen year olds that is....

[The Noodlist]

All an attack on the Fender brand. I've seen fake EVH models on sale from China, too.
Another FMIC brand along with Jackson and Charvel.

How can this be an attack on Fender?

Do you really think there are people out there thinking "actually I was about to get one of them Vintera II 6O's Teles, but I think I'll shoot myself a cheap unbranded Chinese knock-off off of Ebay instead"?

They are at different price levels. Why do people buy fake watches, bags, trainers, etc?
Not everyone can afford a Fender Vintera II.

By the way. Vintage branded guitars are awash on Ebay, I think they've gone under and these are liquidated stock.
£200 for decent materials.
https://www.ebay.co.uk/sch/i.html?_nkw= ... ition=1500

[jens]

All an attack on the Fender brand. I've seen fake EVH models on sale from China, too.
Another FMIC brand along with Jackson and Charvel.

How can this be an attack on Fender?

Do you really think there are people out there thinking "actually I was about to get one of them Vintera II 6O's Teles, but I think I'll shoot myself a cheap unbranded Chinese knock-off off of Ebay instead"?

They are at different price levels. Why do people buy fake watches, bags, trainers, etc?
Not everyone can afford a Fender Vintera II.

You're making my point (rather than yours) right there.

[Tj Shredder]

The copyright lasts until 2029, 75 years after its introduction… Its a bit like a joke to burn money for lawyers and sell it as success…
After this, they still need lawyers to get money back. I doubt, that the copys are too similar to actually claim anything…

[mystran]

The copyright lasts until 2029, 75 years after its introduction… Its a bit like a joke to burn money for lawyers and sell it as success…

EU copyright lasts at least 70 years (though not sure if this applies to foreign here, might be the 50 year rule instead) from the death of the author (can be longer depending on the country, but that's the minimum I think). If Leo Fender is the author then he died in 1991 and copyright would last at least until 2061 (or 2041 if it's the 50 years rule instead; I think 70 years applies, but I'm not a lawyer).

[Tj Shredder]

Yes, you are correct.
Did Leo Fender himself ever claimed copyright for his design? According to Perplexity he only protected his design with patents and similar rights, but not with copyright. So this might be possible in Germany…

[jens]

Design rights - which may apply in the case of the body shapes, etc. of guitars (or cars) - and coprights are two distinct, very different rights that are meant to protect different things, so you're mixing up stuff here.

(Fwiw: design rights expire much sooner than copyright)

Edit: actually in this case they argue(d) that the design is indeed protected by copyright as a work of art, rather than a functional design - that appears to be the basic gist of it and their claim is that this rule in absence confirms this claim - super shaky grounds either way for obvious reasons...

[jens]

Yes, you are correct.
Did Leo Fender himself ever claimed copyright for his design?

I'm pretty sure he is on the record saying that his design choices were strictly for functional/practical/utilitarian reasons.

[Cuauhtli]

This is just another example of lawyers conning their clients into bs lawsuits to cash in.

Similar to Gibson suing Fernandes, Metallica suing a cosmetic company, Jaguar (the auto maker) suing the NFL's Jacksonville Jaguars, etc.

[jens]

By the way:

Many Gretsch electrics are (and were rigfht from the start) basically Gibson copies - down to the pickup-switch placement - and Gretsch is owned by Fender. So they don't seem to see any issue with selling LP copies while seeking to sue companies for copying design elements of the strat - dIsgusting...

[tapper mike]

So Fender is feeling empowered and is going after everyone now.


I like fender guitars I've got two that doesn't mean they make a better "S" type guitar and I you John Q public should be denied buying an S type guitar from a different company. Many of which btw are of better construction than Fender. I can only hope someone else who isn't afraid to appear in court does so quickly and bitch slaps the new CEO senseless. It's not the lawyers this time it's the CEO who upon deciding he isn't making enough in a soft economy going after his competitors in a non competitive manner.

Where in the past I had thought about purchasing other fender products I'll abstain now. Fender did fix issues with studio one that personas failed to do and I do like that. However Fender across the board has more qc issues and less features on their models than competitors. Why am I dealing with sharp fret ends bad paint finishes and needing to purchase guitars that need to have after market upgrades where I can simply purchase a non fender T or S type guitar from a competitor and have those issues resolved.

[agharta]

So Fender is feeling empowered and is going after everyone now.

They've jumped the shark for sure.
Not cool Fender.
Hey!

[mystran]

Where in the past I had thought about purchasing other fender products I'll abstain now.

Some other Fender brands: Bigsby, Charvel, EVH, Gretsch, Jackson, PreSonus, Squier.

With this level of nonsense from Fender (even if I kinda feel like it won't actually fly in court if the otherside bothers to show up) ... right now I just kinda don't even want to talk to anone I know that plays/uses any of these things.

ps. I doubt this is going to be serious enough for me to last more than a few days, but ... yeah, what Fender is doing is honestly really sad, 'cos it kinda makes you feel like they just don't care about music at all anymore.