International law firm Bird & Bird has secured a landmark ruling for Fender Musical Instruments Corporation (Fender) from Germany’s Regional Court of Düsseldorf confirming legal protection for the iconic Stratocaster® guitar body design under German and European Union copyright law.
The decision establishes 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. This reinforces Fender’s ability to protect its designs in global commerce.
The case involved electric guitars offered by a China-based manufacturer and seller of electric guitars, on the global online retail platform AliExpress, including for shipment into Germany. The court found that the guitars unlawfully reproduced Fender’s iconic Stratocaster® body design, which qualifies as a copyrighted work of applied art under German and European law. The Regional Court of Düsseldorf confirmed that the Stratocaster® body design qualifies as a copyrighted work of applied art, reflecting original creative expression rather than purely functional design.
The ruling aligns with a growing body of EU and German case law recognising that iconic product designs can benefit from full copyright protection, beyond traditional design rights. Crucially, it confirms that offering infringing products for sale into Germany or other countries of the EU is sufficient to establish liability, regardless of where a manufacturer or seller is based
The decision also reinforces the protection of designs that have played a defining role in music culture for more than seven decades, since the introduction of the Stratocaster® in 1954. “This landmark decision not only affirms the creative originality of the Stratocaster® guitar, but also highlights the outstanding support and expertise provided by Bird & Bird’s legal team throughout this case,” said Aarash Darroodi, General Counsel & Chief Administrative Officer, Fender Musical Instruments Corporation. “Their strategic guidance was instrumental in securing this important victory, reinforcing our commitment to protecting Fender’s iconic designs and supporting fair competition across Europe.”
Fender Musical Instruments Corporation has been advised by the following Bird & Bird lawyers: partner Dr. Richard Dissmann (lead) and associate Dr. Laura Jones (both IP/Trademark/Copyright, Munich).
