Fender Slaps PRS with Cease-and-Desist Over Iconic Stratocaster Design

Photo Credit: John Mayer with his signature Silver Sky guitar by Aaron H. Warren / CC by 2.0

Fender won the rights to the iconic Stratocaster body shape, and now the company is issuing a cease-and-desist to PRS Guitars over John Mayer’s Silver Sky.

Fender was awarded broad rights to the iconic Stratocaster guitar body shape in a landmark copyright case. Now, the company is issuing a cease-and-desist to PRS Guitars. PRS makes John Mayer’s signature Silver Sky, one of the most popular guitars on the market—which resembles the Strat shape.

The move comes just two months after a German court granted Fender “enforceable rights against any guitars using the Stratocaster body shape,” according to the manufacturer. The ruling was tied to Fender’s case against a Chinese company, Yiwu Philharmonic Musical Instruments, which was accused of reproducing the Strat design without authorization.

That ruling technically only applies to guitars sold within the European Union, per the court’s jurisdiction. But Fender has clarified that it will go after any guitars “manufactured, sold, or distributed” in the European Union, “regardless of where those guitars are produced.”

PRS’ John Mayer Silver Sky, the artist’s signature guitar, outsold the Strat in 2022 and 2023. Though not identical, the Silver Sky bears a striking resemblance to the Fender Stratocaster. But Fender has stated it will only go after exact replicas of the Strat, so it’s possible the Silver Sky’s differences will be enough to save it.

“[PRS] said it disagrees with Fender’s assessment,” and declined to comment further, according to The Wall Street Journal. The company said it is “aware and investigating” the cease-and-desist. Meanwhile, several other instrument companies have allegedly received cease-and-desists from Fender, such as Southern California’s LsL Instruments, but few have gone public.

“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,” added Fender’s attorney, Bird & Bird.

John Mayer actually played a Strat for much of his early career and released his own signature model for Fender in 2005. But almost a decade later, Mayer said he felt the quality wasn’t there anymore. That led to him releasing his signature Silver Sky with PRS.