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Kasilofchrisn

New Senko Mold From Do-It

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Ya the Senko has no patent so I dont see why they would pay him much for licensing. Still nice that they consulted him first though. And as said, this may just be the first in a line of GYBC molds.

 

Other stick molds are fine but many customers are picky and want exactly the same as the original.

 

...Bill

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I'm with big will, out of all the generic molds to come out with, I just don't see the attraction for another stick bait. But Bill you're right, most people want as close to the original as they can get. And it could have been that all the mess with the Mad Dad craw and the Zoom patent, maybe they just didn't want any trouble from GY.

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The Senko's been out long enough now that I don't think it's a surprise to any fisherman.  That's why I believe Gary took a big pay-off because after all these years he just finally said "Can't beat 'em.......might as well join 'em."  Trust me though........back in the day Yamamoto sent out a fair share of threatening letters to those who made knock-offs, including the hand-pour versions. 

 

In the end, I'm sure Do-It Molds and GY made out just fine........

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Al, what grounds did GY have considering that there is no patent on the bait? I can't remember for the life of me ever seeing anyone post about recieveing a letter about the senko. By far I'm not saying that it didn't happen, I'm just saying I can't remember ever seeing anything posted about it. At the classic the pro was actually bragging on how much the bait had been knocked off, I'm not trying to argue I'm just wondering how anyone as smart as GY would send out letters about a bait that has no legal protection, of course this is one of those baits that didn't need it because he makes his own product so he was pretty well able to keep up with the demand and flood the market.

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Mike........I stand corrected.  There is no patent on the bait itself.  The letters sent out were in relation to the name.  GY did not allow a baitmaker to use anything resembling the name "senko" in their marketing. This would include words such as: senko, sinko, cinco, sinco, cenko, etc.  At the time, I remember several letters sent out to those using names even closely resembling the senko.  It was simply my assumption that if Gary went to the trouble of protecting the name, he would certainly go to the trouble of protecting the design and/or action. 

 

Either way, the guy created one of the best baits ever and deserves a ton of credit for it. 

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As a business/marketing major, I think the best that GY could do legally without a patent is to go after people that use the name senko when selling stick bait molds thats only if he had some kind of copyright or trademark infringement. 

 

From a business standpoint it was a genius move on his part and Do-It's part. GY has so many manufacturers making their own stickbaits that it doesn't even matter if there is a mold that replicates his. His secret is in the formula so it would be incredibly hard for anyone to truly make the exact same bait as GY. It was also a genius move from Do-It because the GY Senko has such strong brand loyalty that people will think that they will be able to either make them on their own for cheaper or be able to sell them as being made from the same mold. GY has nothing to lose on this deal and Do-It is playing on people's ignorance...Formula, formula, formula!

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You know that it is possible to legally use somebody else's name when marketing a product right?  You just have to parody them and their name (1st amendment rights)...

 

Anybody remember the Coke/Pepsi campaign from a few years ago or the older example of the Mickey Mouse t-shirt that said, "F*** Saadam," with Mickey's center finger extended?  Disney sued and lost.  Coke and Pepsi didn't waste the money on lawyers.  They knew better. 

 

or give them appropriate credit... 

 

"A Stinko is similar to a Senko but has superior improvements in retrieved action and plastic forumulation." 

 

Sure Gary' lawyers could make things difficult, but they know if it went to court they would lose and ultimately in this type of case fear, cost, and intimidation are the deciding factors for most folks. With the strong precendents there might even be grounds for a counter suit. 

 

~~

 

There is one counter example I can think of.  Microsoft's "look and feel" lawsuit.  Initially they appeared to have won, but there has been some much spin off from that I would be afraid of using it to back up any argument as it opens up others. 

Edited by Bob La Londe
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Not trying to be a turd or start debate but you are mixing up two different things- Parody/Fair Use and Common Use/Generic Trademark 

 

Parody and Fair Use are ways of using a copyrighted or trademarked works of someone else. Parodies although similar to the original work, must also be different and original enough so that the intended audience understands the reference but it is also not a copy of it. Fair Use is using a piece of work in reference to that work ie. news article etc. (Your example of Stinko/Senko could apply to this although it's not really a parody but simply another persons name for a stick bait).

 

Common Use/Generic Trademark- Overtime, items such as Aspirin or Escalator have become a generically used terme. Aspirin is trademarked named for Acetomenophin by Bayer but has become so popular that it now is a generic name and is not protected. As products grow in popularity and the product name is used a general term for an entire category it becomes genericized and loses it distinctiveness which causes it to lose it's protection. (This is how it is legal to use the name of someone else's product name legally when marketing. To the best of my knowledge this is the only legal way to use another companies C/TM.)

 

If someone says "I was using a senko" you don't necessarily assume it was a GY Senko even though that is the only true Senko. You just assume that it was some kind of stick bait. This is a perfect example of how it works. Senko is becoming a generic term for stickbait. GY still has protection on it because it has become an officially recognized term but he is definitely slowly letting it become a generic TM. This is probably why he sends out letters to unlicensed users of the term.

 

Mickey probably won with the parody usage. Coke/Pepsi was probably generic usage since coke is becoming a generic term for cola. Not really sure though, I haven't been able to find any legal cases that specifically reference either of these or the rulings.

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Hey Guys whats up?

 

Do any one knows where Paul Krews gets his awesome bait molds or are they custom made, i tell you one thing, Paul really knows how to make awesome baits.

He hand pours and injects from what I can see he uses some stock molds as well as custom ones the one is definitely a BT mold. The hand pours could be his own design it is an open pour swim bait.

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The formula is easy to reproduce 5 minutes at a swimming pool with a senko and your version and you can dial it in. I think people are missing the point . Do it wanted a stick that they could reproduce without heart burn so they did the right thing contacted the man, made a deal and now we all can reproduce one of the best soft plastic baits ever made with out worry of infringement .

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