Fender Receives Favorable European Court Ruling Regarding the Stratocaster Body Shape

 

The Regional Court of Düsseldorf

DÜSSELDORF, Germany (March 9, 2026) — Fender Musical Instruments Corporation (FMIC) has secured a significant legal victory following a ruling by the Regional Court of Düsseldorf that establishes broad legal protection for Fender’s iconic Stratocaster® guitar body design under German and European copyright law. 

Fender Stratocaster Shape

The court's decision creates enforceable rights against any guitars using the Stratocaster body shape that are manufactured, sold or distributed into Germany or other countries of the European Union (EU),

 regardless of where those guitars are produced - reinforcing Fender’s ability to protect its designs in global commerce. 

Yiwu Philharmonic Company

As a result of the ruling, Yiwu Philharmonic Musical Instruments Co. is prohibited from manufacturing, offering, or distributing guitars featuring the Stratocaster® body shape in Germany and the EU. Any future violations may result in fines of up to €250,000 per infringement, or up to six months’ imprisonment if fines cannot be enforced, subject to statutory limits. 

“This ruling is a meaningful affirmation of the Stratocaster® as an original creative work and an important step in continuing to protect the integrity of Fender’s designs and intellectual property,” said Aarash Darroodi, General Counsel & Chief Administrative Officer Fender Musical Instruments Corporation. “It reinforces our commitment to originality, supports fair competition, and helps ensure that when players encounter these iconic Fender guitar shapes, they can trust the craftsmanship, quality, and heritage behind them.” 

This ruling affects Stratocaster style guitars being distributed and sold throughout Europe. 

1977 Norlin V Elger

This court decision harkens back to a lawsuit filed in 1977 when Gibson/Norlin filed suit against the Ibanez/Hoshino Gakki Company.

Medley Music Store

In 1971 the Hoshino Gakki Company purchased the Medley Music Store of Bryn Mawr, Maryland.  At that time the owner, Harry Rosenblum, was trying to compete with Martin Guitars since they would not give him a franchise. He had hired some craftsmen that built excellent guitars for his store under the brand name Elger. 

Within a year, this became unprofitable and Rosenblum cut a deal with Ibanez to build guitars using the Elger brand. 

The Ibanez Company took advantage of this situation as in 1970  they were building 'replicas' of  well-known American guitars like Gibson, Fender and Rickenbacker. 

1974 Ibanez Catalog

Ibanez purchased Medley Music, and they changed the business name of the business to Ibanez USA. They were using Medley Music as their point to receive shipments and correct damaged products. Medley Music essentially had became their warehouse and distributorship.

These Ibanez guitars looked remarkably like well known guitars but were built of cheaper and inferior materials. Many even had bolt-on necks and were made of plywood.  Most of us would call them "Lawsuit Guitars."

It was not until 1975 Ibanez had begun coming up with a few original designs, but even then much of their catalog was devoted to copies of USA made instruments, which included not just electric guitars, but acoustic guitars as well. 

1977 Letter to Gibson Distributors

On June 28th of 1977 the Norlin Company (Gibson Guitars) filed a lawsuit against Elger in Federal District Court alleging Trademark Infringement based on the “open book/mustache headstock design of Ibanez guitars. Ironically Ibanez had changed the headstock design a year earlier to resemble Guild Guitar headstocks. 

Gibson and Elger/Hoshino settled out of court in early 1978 and the case was officially closed on February 2, 1978. 

After this case was settled Gibson/Norlin patented all their guitar shape designs including headstock designs. 

Fender Headstocks

But Fender, still owned by CBS at the time, patented the headstock designs, not realizing that in the 21st century most guitars would be built in Asian, or Asian Pacific Rim countries and imported to the West. 

It is going to be interesting to find out the results of this high court ruling. Based on this and tariffs on imports the guitar market could get very interesting.

©UniqueGuitar Publications (text only) 2026

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