Fender Targets PRS Guitars Over Silver Sky in Broad Stratocaster Copyright Push

Fender Musical Instruments Corporation issued a cease-and-desist to PRS Guitars demanding that production, sales, marketing and distribution of John Mayer’s Silver Sky stop, and ordering recall of guitars already sold in the EU, with a June 8 deadline for response. The Silver Sky is a top model; LsL Instruments, a California builder, opened a GoFundMe for defense.

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The cease-and-desist follows a July ruling by the Düsseldorf Court that declared the Stratocaster body shape a design. The decision arose from Fender’s suit against Chinese maker Yiwu Philharmonic Musical Instruments Co., which sold Strat-style guitars. Fender says it will enforce the rights against guitars sold into the EU, regardless of where they are made.

Fender Hits PRS With Cease-And-Desist Over Strat Design, Placing John Mayer’s Silver Sky In JeopardyComplex

The dispute pits Fender Musical Instruments Corporation against PRS Guitars and involves John Mayer, whose Fender endorsement ended in 2014 and whose Silver Sky model is now targeted. Fender is represented by Bird & Bird. Other recipients include LsL Instruments and several unnamed U.S. makers reported by YouTuber Phillip McKnight.

Fender Hits PRS With Cease-And-Desist Over Strat Design, Placing John Mayer’s Silver Sky In JeopardyComplex

Fender says it seeks settlement talks and that inventory destruction is a remedy only if infringement continues without engagement. Bird & Bird noted many addressees have entered settlement discussions. PRS replied it disagrees with Fender’s assessment, declined comment, and is aware and investigating. LsL’s fundraiser stresses the financial strain of defending against a corporation of Fender’s size.

Fender Hits PRS With Cease-And-Desist Over Strat Design, Placing John Mayer’s Silver Sky In Jeopardy

Small-business owners argue the vague definition of a “Stratocaster clone” threatens builders’ ability to use such designs. LsL’s appeal warns the campaign could set a precedent limiting freedom for makers. Fender’s letters do not specify which dimensions constitute infringement, and PRS’s brief denial offers no comparison of the Silver Sky to the Stratocaster, leaving recall scope unclear.

Fender Hits PRS With Cease-And-Desist Over Strat Design, Placing John Mayer’s Silver Sky In Jeopardy

• “[PRS] said it disagrees with Fender’s assessment and declined to comment further.” — PRS Guitars

Fender Hits PRS With Cease-And-Desist Over Strat Design, Placing John Mayer’s Silver Sky In Jeopardy

• “As a small business, we simply cannot afford the legal fees required to defend ourselves against a corporation the size of Fender,” — LsL Instruments

Fender Hits PRS With Cease-And-Desist Over Strat Design, Placing John Mayer’s Silver Sky In Jeopardy

• “Outcomes such as inventory destruction are not something we are seeking – they are legal remedies that may be considered in situations where infringement continues without engagement toward a resolution.” — Fender

Fender Hits PRS With Cease-And-Desist Over Strat Design, Placing John Mayer’s Silver Sky In Jeopardy

• “Many of the addressees of that initial communication have reached out to us… and have entered into reasonable settlement discussions on the premise that they will discontinue making and/or selling the ‘Stratocaster’ clones.” — Bird & Bird

Fender Hits PRS With Cease-And-Desist Over Strat Design, Placing John Mayer’s Silver Sky In Jeopardy

Manufacturers must reply by June 8. If settlement talks fail, Fender may pursue recalls and inventory destruction in the EU, extending the dispute to other builders that have received similar letters.

Fender Hits PRS With Cease-And-Desist Over Strat Design, Placing John Mayer’s Silver Sky In Jeopardy