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7 replies to this topic
Posted 11 October 2008 - 07:26 AM
Would it be illegal to repaint say a Rapala Dt -1 0 and sell it? say on ebay or a web site? Thanks, Just Curious
Posted 11 October 2008 - 08:20 AM
It would be if you were selling it as one of the original makers lure. Which it no longer is. You would have to say that it is a custom paint finish on a well known makers lure. JMO though.
Posted 11 October 2008 - 08:56 AM
No it is not illegal to repaint and sell as long as it is what you say. I would make sure to put custom painted Rapala. I found out the hard way about copy right imfringement on ebay and my website. I was selling lipless crankbaits and called them rattle traps. I thought I was fine as long as I didn't list it as RAT-L-TRAP. Well the lawyers from Bill Lewis lures informed me that any form of the word is copy righted by them. For useing their copyrighted name they told me they wanted $25,000 and they would not persue it any farther. If I had that kind of money to give them I would not selling lures. I would be out fishing..........Oscar
Posted 12 October 2008 - 01:01 PM
Man that bites^ When I first started some one asked me the same question. Well I had never thought of that, so I emailed rapala and told them what I was doing. They said they had no problems with it and even wanted to see some of my work.... So I would say your ok just call it a rapala!
Posted 14 October 2008 - 08:54 PM
It would also be a good idea to sign the bait to avoid any confusion in the future.
Posted 16 October 2008 - 03:30 PM
All you had to do was ask for the wording of their copyright... It MUST be listed in the either their copyright or TM to be legit..
Most companies use scare tactics that are not ethical...
Seems you got the short end of a bogus stick to me...
Either way, its better to be safe then sorry... I only know because a friend who made soft plastics was sued by the company that makes those "toads that are ready for some action", if you know what I mean, for copy right infringement...
You can not copyright anything which does not make it distinct...
Examples: ANY ANIMAL... Snakes, Frogs whatever... its the distinction that makes the copyright legitimate...
Like that guy who screams "Let's get ready to...." before the boxing matches... because it is distinct and everyone knows its his SCHTICK hes allowed to copyright it, and he vigorously defends it...
Seems silly to me, unless you are using it for profit, or in malice to belittle their name or product...
Oh, by the way, this is my first post!
THanks to: B75nweav for turning me onto this site...
Land O Lakes, FL
Posted 16 October 2008 - 03:37 PM
Knew you'd like it! You'll learn alot on here.....