...but not the body shape? Where is the distinction made? It would make sense if a company can copyright a headstock shape then they could copyright the body shape. What's the difference?

I don't know. But Strats are some of the the most copied guitars out there.

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1984 Squier Contemporary Stratocaster
1986 Peavey Envoy 110
1967 Kingston Acoustic

The Stratocaster is THE most copied guitar out there. It's not even close. I'd say something like 85% of non-Fender guitars are shaped at least vaguely like the Strat. And for good reason, it's quite possibly the perfect shape for the guitar (Teles are up there as well.)

Companies can make Strat shaped guitars, but not spot on copies. They might change the curves a little, but if they want to make spot on copies they will need to pay Fender a rental like fee.

Is this where the headstock design came from??

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Okay, here's the deal - Fender as a company (and Leo Fender as an individual) held a patent on the Stratocaster headstock shape, body shape, electronics, hardware (particularly the trem bridge). However, patents expire; the Strat's patents expired 17 years after they were filed (assuming the filings were in 1953/54, they expired in 1970/71). FYI - in the USA the term of a patent changed from 17 years to 20 years for applications made after June 8, 1995 (per wikipedia).

At that point in time Fender (as owned by CBS; I'm sure that part of the sale agreement would have been for Leo to sign his personal rights over to CBS as well) determined to only seek a trademark (not a copyright) on the headstocks of their instruments. Their rationale (from what I've read) was that the headstock was the builder's "signature". At that time no other business or entity came forward to challenge the trademark application. Because they did not file for trademark protection for the body shapes, the body shapes were allowed to fall into the public domain when the patent expired.

When FMIC decided to apply for a trademark on the body shapes (and they only filed 2-dimensional line drawings, not 3-dimensional details) a few years ago the other people who were using Fender's shapes under the public domain challenged the trademark. Because Fender did not act until over 30 years had passed since their patents expired, their application was rejected based on the public domain arguments put forward by the group of other builders and suppliers (this included Warmoth, WD, Tom Anderson, John Suhr, and I believe 15 other parts suppliers and luthiers). Basically Fender let the horses out of the barn in the early 70s, then tried to get the great-grandchildren of those horses back into the barn.

Very interesting John C, thank's

You might want to read this:

http://www.premierguitar.com/Magazine/I ... spx?Page=1

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Bill

Without getting ridiculous, there are only so many shapes a guitar can be, but there is more variation available for the headstock.

This is especially true with acoustics--Gibson & Martin have had iconic acoustic headstocks for decades.

The Fender Strat & Tele style headstocks are also iconic--possibly even moreso than the body shapes.

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It wasn't Willy-Nilly, it was at crows.

Good summation, John. I was about to suggest the OP read the judge's
opinion in that case. OP should know that Warmoth is licensed to produce
a neck with the Fender headstock shape but not the logoscript which, is also trademarked.

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"Another day in paradise!"

Licensed neck/headstock and bodies also, I might add... although redundent after reading Johns informative post.

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