Know Your Gear Podcast: "Fender Wins Lawsuit To Stop All Strat Copies" Host: Phillip McKnight Date: March 14, 2026
Episode Overview
In this lively episode, Phillip McKnight discusses the major recent news: Fender’s legal victory in Germany regarding the protection of the Stratocaster body shape. He breaks down what the court ruling means in practical terms for consumers and manufacturers, especially regarding copyright versus trademark implications. As always, Phil fields a wide spectrum of listener questions about guitars, gear, industry trends, and even customer service lessons. The tone is humorous, candid, and focused on consumer perspective.
Main Topic: Fender’s Court Win Over Strat Copies (00:02–58:00)
Fender Lawsuit Recap: What Happened? (00:02–11:21)
- Summary: Fender sued a Chinese company in German courts over importing Strat-shaped guitars (with generic headstocks, not Fender-branded). The defendants did not show up, so Fender won by default. The court ruled the Strat body shape is protected by copyright in Germany (not trademark as is standard in the US).
“Don’t take legal advice from guitar techs. Don’t take guitar advice from lawyers, maybe.” – Phillip, 00:03
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Previous US Legal Status: In the USA, the Strat, Tele, and P-Bass body shapes are public domain due to earlier litigation. Only the headstocks remain trademarked and protected.
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The German Difference: The court ruled the body shape is copyrighted as a form of art. Phil finds this odd and clarifies the difference.
Key Implications and Analysis (11:22–29:00)
- Impact on Consumers:
- Existing Strat copies in Europe are unaffected.
- Owners can still buy, sell, or own Strat copies within Europe.
- What changes: Manufacturing new copies or importing them into the EU may now violate Fender’s copyright.
“This ruling really is not good for the consumer. It’s only good for Fender.” – Phillip, 00:09
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Phil’s Take:
- He finds the ruling "utterly stupid."
- Predicts Fender will either aggressively pursue rivals or eventually license the shape for a fee—bad for consumer prices.
- Thinks the court’s logic is flawed because the Strat shape has been widely copied for over 40 years.
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Copyright vs. Trademark Explanation:
- Copyright relates to “artistic” aspects; trademarks to brand identifiers (like the headstock).
- Phil uses analogies: “No one can copyright G-C-D chords,” linking the case to musical copyright disputes (e.g., Vanilla Ice vs. Queen).
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Direct Industry Feedback:
- Phil asked several manufacturers of Strat-style guitars if they’d be affected, and all responded: “I don’t know. I don’t think so.”
What Does This Mean for Other Brands? (29:01–42:00)
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Regarding PRS Silver Sky: Phil doubts PRS (and other brands with slightly modified Strat-like shapes) will be blocked outright, but acknowledges uncertainty.
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Potential Effects:
- If enforced strictly, prices for existing Strat-inspired guitars in Europe could skyrocket due to scarcity; Fender might leverage its monopoly.
- Less competition usually means higher prices for buyers.
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Licensing as a Likely Compromise: Suggests companies might have to pay Fender royalties if they want to sell Strat-shaped guitars in Europe.
Consumer Advocacy Focus (42:01–58:00)
“I always approach this from one angle and one angle only, which is consumer protection... The only thing that really matters is customers.” – Phillip, 00:43
- Phil shoots down small builder complaints about copying, advocating for open market and consumer power.
- Warns Fender (and any company) that customer alienation is fatal, no matter the legal protections: “No law, no court is going to save you from the death of having no customers.”
Notable Quotes
- “You know how I know the difference between a Dodge pickup truck and a Ford pickup truck? One says Dodge and one says Ford.” – Phillip, 00:34
- “If Fender won a lawsuit here in the United States that stopped all manufacturers from making anything that looks like a Fender... I would purposely never buy Fender again.” – Phillip, 00:55
Listener Q&A: Guitars, Parts, Gear, and More
Floyd Rose Parts Shortage (59:00–1:03:00)
- Floyd Rose Germany shut down; production shifted to the US; supply chain woes and backlog mean parts are hard to find.
- Advice: Check smaller dealers for parts, as big retailers sell out fast.
Pickup Recommendations and Detailed Advice
Best Vintage PAF-Style Reproductions (1:03:01–1:13:00)
- Top Pick: Throwback Pickups (“no one does better than Throwback”)
- Honorable mentions: Lindy Fralin (best value), Seymour Duncan, DiMarzio, Bare Knuckle.
- Candid about diminishing returns beyond a few hundred dollars—but for ultimate authenticity, Throwback is the standard.
On “Inspired By” Signature Guitars (1:55:00–2:01:00)
- Should signature models clarify if the artist actually plays that version?
- Phil says this is usually implied (e.g., Mayer’s “obtainable” SE Silver Sky), but clearer labeling wouldn’t hurt.
- Some artists (e.g., Billy Corgan) play stock models; others get custom shop versions.
Selling Rare and Unique Guitars (2:01:01–2:10:00)
- For unusual models (e.g., MIM Fender road-worn Jaguars), use Reverb or broad, specialized online groups—local sales will be slow and yield poor prices.
Customer Service & Online Dealers (2:55:00–3:10:00)
- Phil shares anecdotes about varied customer service from online and brick-and-mortar dealers, prioritizing transparency over slick excuses.
- Advocates for retailers who are candid (“ask for forgiveness"), which builds trust and loyalty among repeat buyers.
Gear Talk: Reviews, Rants, and Random Moments
Geiker/Generic Hardware from Amazon (2:25:00)
- Phil tested Geiker locking tuners: experienced string slippage, especially on high strings.
- Temporary workaround: add extra string wraps.
- Verdict: Not impressed with quality or tuning stability; hesitant to recommend. Will try more parts and report back.
- YouTuber Integrity: Discussion on objective reviews vs. sponsored content—Phil aims for long-term, unbiased hands-on use before making recommendations.
Fretboard Maintenance Tips (2:49:00)
- Use MusicNomad F1 oil or Lizard Spit for rosewood necks. Avoid generic products—stick with trusted guitar-care brands for accountability.
- “Wipe down your strings every time you play” to extend their lifespan.
Fun Segments & Notable Moments
- Classic Phil Riff: Comparing copyright law to music (“you can’t copyright the GCD chord progression,” 00:20)
- Guitar auctions are like memorabilia: David Gilmour’s Black Strat sells for $14.5M—Phil explains why collectors buy famous instruments.
- Retailer lessons: “Always be okay with telling a customer what happened and asking for forgiveness... That’s a small business.”
- Name-Mangling: Phil jokes about mispronouncing user names during Q&A due to rapid-fire reading and no spaces between names (2:19:00).
Timestamps for Key Segments
- 00:02 – Fender's German lawsuit: what happened?
- 00:10 – US vs. EU legal status: copyright vs. trademark
- 00:25 – Copyright law explained (music and design)
- 00:35 – What this means for PRS, Schecter, Squier, etc.
- 00:43 – The consumer advocacy angle
- 00:55 – What would Phil do if this happened in the US?
- 1:03:00 – Best PAF-style humbuckers
- 1:13:00 – Storytime: dealing with New York and Canadian customer service
- 1:55:00 – Signature guitars: “inspired by” vs. real artist models
- 2:01:00 – Advice: selling unique guitars (Reverb, Facebook, groups)
- 2:25:00 – Geiker/Guyker hardware review
- 2:49:00 – Care for rosewood fretboards
- 2:55:00 – Best practices for guitar online shopping
Final Thoughts & Closing
- Phil advises against panic: nothing has changed for US consumers, and the ruling is unlikely to affect EU guitarists’ ability to buy or sell used instruments.
- The power is with the consumer: “Customers rule the roost.”
- If courts ever locked out all competition in the US, Phil would boycott Fender: “I would purposely never buy Fender again.” (00:55)
For more Q&A, gear tips, and rants, listen from 1:15:00 onward. Patrons get ad-free and exclusive content—check episode notes for schedules, upcoming special podcasts, and gear reviews.
Original speaker’s casual, friendly, and witty tone throughout.
