Stratocaster: When Copyright Comes to the Rescue of an Iconic Shape

Few product designs have achieved the iconic status of the Fender Stratocaster. Yet, despite its worldwide recognition, trade mark protection for the guitar’s shape has often proved difficult to obtain or enforce. This article examines how copyright law can provide an alternative and sometimes more effective means of protecting distinctive product designs when trade mark law reaches its limits. Focusing on recent litigation involving the Stratocaster, it analyses the relationship between copyright, design rights and trade mark law, and explains why originality and artistic expression may offer stronger legal protection than acquired distinctiveness in certain circumstances. Beyond the specific case of the Stratocaster, the article explores the broader implications for luxury goods, industrial design and consumer products whose commercial value is closely linked to their visual identity. It argues that rights holders should adopt a complementary intellectual property strategy, combining different legal regimes to maximise protection against imitation and counterfeiting, rather than relying exclusively on trade mark law.