Fender "Cease and Desist" regarding S-type responded to

I think you are right Chris. They probably know they have a some chance of succeeding and it’s worth a try. It’s important to note that the previous ruling about the Strat copies from China that Fender won was case where the Chinese company didn’t contest it. They started with a case where they were very likely to win and then use tis ruling as a precedent. But in that case, no counter arguments were put forward by lawyers. In this new situation, it’s clear that companies like PRS or Sire would have to defend their case and it may be less likely that Fender would win.

Also, as I understand it, a lot of S type guitars will not be affected. There are loads of sensational videos on You Tube about this that its going to affect all S type guitars but some manufacturers clearly already make enough small changes that they cannot be accused of making Strat copies because they slightly change the body shape, the pick guard shape, the tone knobs etc.

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I think it’s interesting that Fender clearly considers it perfectly acceptable to sell a Dreadnought shaped and named guitar.

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Gibson tried the same somtime in 2000s. They claimed that PRS McCarty single cut guitars’ body shape is a copy of Gibson LP. Interestingly, at the first level, Gibson won the case which was overturned then in the court of appeal. The final ruling was that manufacturer has to prove that there is objective possibility of confusion between the two guitars at the point of sale. Although McCarty body was obviouse copy (as is Silver Sky to Strat), the headstock and fretboard inlays provide more than necessary distinction, so there is no confusion. If we follow this, Fender has very slim chances.

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I thought this was a pretty nuanced article about this.

Policing the Shape of Guitar Culture? Fender/Servco/Reverb and your guitars. - Latest News - ProjectGuitar.com

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Rick Beato weighed in. He points out that Fender got a new CEO a few months back and he may be responsible for this move. He also suggests that a better option might be for Fender to look at improving the quality of their own product, which has become very hit-and-miss.

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I didnt watch the Beto video yet, but oh yeah correct, he was even touted as a “Luxury CEO” when took over the main spot.

When he came on board originally as the president of the Asian Pacific Fender, everyone said he was a music guy. But i heard the “realities” was he had come from being a CEO of Ralph Lauren and other nonmusic luxury brand type products before this.

I have a buddy in the metal scene and he called this back then when everyone was super excited. My buddy said his music is not good. While it’s not a requirement for a CEO, it may have helped in this case. I honestly had no Idea about any of this “insider stuff” myself i did think it was funny when all this started he was posting up in a discord, reminding us all about his older comments, he was feeling pretty justified.
:laughing:

Anyway ad said above a few days ago, I didnt think this CEO was going to be around much longer, we will see.

I do still think he was trying to build up $$ for another public offering. I dont think it worked right. I also think he is going to be booted like I mention above.

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That’s what Rick was saying should happen. Then a public apology. Then fix their quality control, so that they make reliably good instruments.

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Brilliant!

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That’s defintely the best (and most honest!) YouTube video I’ve seen on the topic!

This is an interesting twist. Fender have just released version 1.8 of their Tone Master Pro, and they have removed all of the references to the other brands of amps and pedals that were used as the basis for the effects they include.

It seems that Fender can copy others, but you can’t copy them.

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A bigger risk, and one that has been mooted, is that large distributors with stakes in selling other brand’s S-Type guitars (Thomann, Andertons, Gear 4 Music, Bax, etc.) decide to limit their dealings with Fender, or even stop selling them completely.

I’m not sure this will happen, but there have been murmurings about it and, apparently, these big distributors are not happy with Fender.

There’s a good argument to say that these organisations would have too much to lose by dropping a company as big as Fender. But there’s also an argument that they lose a lot by giving into their tactics. If they were going to send a message, they could. And now would be the right time.

These guys talk to each other. Whilst they are competitors, they are also quite friendly at the top level of these organisations. If they agreed to (and subject to existing contracts) they could inflict a lot of damage. European companies do not like being dictated to. And, especially at the moment, do not like being railroaded by American companies. Europe accounts for around 30% of global guitar sales.

As I say, I’m speculating here but, to me, I feel the reputational damage could be far beyond a few Youtube influencers getting annoyed.

Cheers,

Keith

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Wow thats interesting, yet they still have the photos of the equipment right there.

It’s interesting if you are only reading the descriptions its like, basically don’t buy a fender amplifier if you are a beginner. You need to have enough experience to know what they are refering to by the hints of “classic british amp based on smooth tone and rich harmonics” vs “British amp with warm cleans, dynamic break ups and strong dynamic tone”

A beginner reading the manual is likely to think “err ok, so those are different?”

Thats very confusing. I remember when I started getting into pedals. This is how many were described and it was very frustrating because I had absolutely no idea what they were talking about as a beginning player.

Sure maybe after being in a different communities for a couple of years, and playing different peices of gear and becoming more advanced you will have a clues but thats not something a lot of people know in the early years of playing, at least I didnt.

Good for them, they shouldn’t :+1:t2:

My whole Generations mantra (GenX) is “Don’t tell me what to do”. :laughing:

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I used to have an LT25 and LT50. I wonder if they’ll do the same with those amps. EDIT- sorry, they already do, I just didn’t remember.

I feel even more sure that going with the Boss Katana over the GTX was the right choice.

That Vola OZ guitar sure looks nice. Thanks for posting the video. :slight_smile:

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I know. It’s really odd. As the youtuber said, if you are looking to try the Roland JC-120, how do you find it? Yet they still have the images in there. :face_with_spiral_eyes:

I had a Walrus amp/cab simulator for a while and they decided to call Fender, Marshall and Vox amps Fullerton, London and Dartford. I found that confusing enough.

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