By Nathan Gomes, Nandan Mandayam and Stephen Nellis
July 14 (Reuters) - Fender, the U.S. maker of the iconic Stratocaster electric guitar played by Jimi Hendrix and Eric Clapton, has widened its legal campaign to defend the guitar's design with a notice letter sent to Yamaha, the Japanese company told Reuters.
Fender began an aggressive campaign over the shape of the Strat in March, after a German court granted it copyright protection over the body shape in the European Union. Fender sent cease-and-desist
letters to manufacturers and retailers asking them to halt production and sale of affected models in the region, sparking a backlash across the guitar industry, drawing legal challenges and criticism from independent manufacturers.
The letter to Yamaha, the world's largest maker of musical instruments, has not been previously reported. Yamaha did not specify which models were named but said it was reviewing the notice and weighing how to respond.
In a statement to Reuters, Fender said, "Protecting these iconic designs is part of Fender's obligation as a steward of the brand, its legacy, and the authenticity musicians associate with Fender instruments. We remain open to engaging constructively with partners and companies across the industry."
The move pits Fender against a sizeable competitor with resources to fight a costly legal battle, after its initial moves sparked an online backlash among fans. At stake is whether Fender can claim exclusive rights to what many musicians consider a generic design, potentially wiping cheaper alternatives off European shelves and reshaping competition in fast-growing markets such as China and India.
"It's literally the guitar emoji," said Rhett Shull, a U.S. guitarist and YouTube creator with over 780,000 subscribers. Shull said many guitarists view the Strat body as a generic shape after decades of use, and noted that Fender itself sells acoustic guitars in the "dreadnought" shape pioneered by C.F. Martin & Co.
"We encourage the creation of new and distinctive designs that push guitar innovation forward rather than relying on direct copies of Leo Fender's pioneering work," Fender said in its statement.
Yamaha's Pacifica line, which bears the closest resemblance to a Strat, launched in 1990. Fender's campaign could reshape a market in which companies have for decades sold Fender-inspired guitars for less than $100 to more than $5,000.
For now, Fender's push centers on European law. In 2009, it unsuccessfully sought U.S. trademark protection for the Strat but never appealed.
Fender has sent legal notices to companies including Thomann, a German retailer that sells Strat-shaped guitars under its Harley Benton brand. Thomann has countersued Fender, citing the need to protect industry diversity.
"I think their end goal is to be the sole suppliers of Stratocasters to the whole of the European market. I think they've probably underestimated the backlash," said Philip Cupitt, a patent attorney at Marks & Clerk.
(Reporting by Nathan Gomes, Nandan Mandayam and Stephen Nellis; Editing by Sayantani Ghosh and Pooja Desai)
