"Be suspicious of the litigious."
― Stewart Stafford
I need to disinfect my blog from yesterday's post.
I'm going to talk about two Fender related things today, one of which is my most recent build, and the other is a legal story about the Stratocaster body and other S-type guitar builders like LsL, PRS, Suhr, Tom Anderson, and many others.
Part I: New Build
When I'm in the mood for a new build, I enjoy using Fender's MOD Shop to mock up designs. Though it's meant for ordering custom guitars — which I've done — the interface is so intuitive that it makes an excellent preview tool. I spend a lot of time just playing around with hypotheticals to see how different combinations look.
Perfect. It's a '57 neck, '57 pickups, and an Arctic White Stratocaster body.
I found a "near-mint" open-box Fender USA Arctic White Strat body on eBay for a reasonable price.
Here's the final build:
I already had the neck and pickups leftover from another project, so the investment was fairly minimal. The hardest part is almost always neck alignment, but this time it fit great without having to make any neck pocket adjustments. Of white guitar colors, Arctic is my favorite.
Plays great!
Part II: Fender's Legal Challenge
Before I get into what's going on with Fender right now, I should state that I love their guitars, amps, pedals, and other gear, as well as their iconic and legendary history. Though I've owned instruments made by other guitar companies, Fender is by far my favorite. Having said that, it kind of pains me to see them go after "the little guys" like LsL guitars over the shape of guitar bodies.
Earlier this year, Fender took a Chinese company to court in Germany. The Chinese company didn't even bother showing up, so Fender won by default. But here's the kicker — they didn't win on trademark grounds. Nope. They somehow convinced the German court that the Stratocaster body shape is actually "protected art" under European copyright law.
Armed with this victory, Fender's lawyers went on a rampage in May, firing off threatening letters to guitar builders worldwide. And we're not just talking about cheap knockoff operations — they hit up respected boutique builders like LSL Instruments, a small team who've been crafting premium Strat-style guitars for years. They're also going after PRS, which is much larger manufacturer.
It needs to be mentioned that back in March 2009, the U.S. Trademark Trial and Appeals Board handed Fender a massive defeat. In the ruling the judges basically told Fender, "You are way too late." They ruled that because Fender had allowed other companies to copy those body shapes for decades without stopping them, the outlines had become generic.
Fender's new legal challenge has provoked significant backlash from the guitar community. Small builders are terrified because they don't have the cash to fight a legal battle with a giant like Fender. In fact, LsL put up a GoFundMe page for donations online just to cover their legal fees. There are even videos showing some players sanding Fender logos off their guitars, which is rather extreme.
Fender is trying to calm everyone down by saying they're only going after exact clones — guitars that match Stratocaster measurements. But nobody really knows where they're going to draw the line. PRS received the cease and desist letter because they offer an S-Type guitar called the Silver Sky. It's not really an exact clone, millimeter to millimeter, but the untrained eye probably wouldn't be able to spot the differences. PRS has their own headstock design, but we'll see if that's enough.
Fender Stratocaster on the left, PRS Silver Sky on the right:
Suffice to say, Fender's legal challenge has divided guitar players worldwide. Those on Fender's side agree with the position that they designed the Stratocaster body and it should have legal protections, despite the 2009 loss and waiting so long. On the other side, many players contend that boutique companies are building higher quality S-type guitars than Fender, and if Fender wants to compete they need to up their game. Many are viewing Fender as a corporate bully that wants to monopolize the market. The pandemic guitar bubble did not last.
Fender got a new CEO in February and that might be the source of this move against other companies building S-type guitars. Perhaps that's the case, but they've cared about it since at least 2009's loss. When it comes to the history of the Stratocaster, many are asking the legit question: "Why didn't Leo Fender do this back in 1954?" It's true that he did patent and trademark things like the headstock and tremolo system, so why not the body shape?
I'm not a lawyer, but I agree with those who say it's too late to dial the legal clock back 70 years in an attempt to copyright and trademark the Stratocaster body today. Leo Fender didn't view himself as an artist creating sculptures; he saw himself as an engineer making a practical, modular tool for working musicians. He likely didn't anticipate that the double-cutaway body shape would become a permanent, multi-billion-dollar cultural icon that companies would fight over 70 years later.
We'll see!
Photos © 2026 Mike McDowell
























































