Acuna Posted April 18, 2010 Report Share Posted April 18, 2010 Ran across this while doing some research https://www.rfcexpress.com/lawsuit.asp?ID=56380 I am not trying to stir the pot; just wanting to make the folks out there aware that it looks like NetBait is enforcing one of its patents. I couldn't view the actual petition, but I assume this is over the claws. Quote Link to comment Share on other sites More sharing options...
Smallie Posted April 18, 2010 Report Share Posted April 18, 2010 Ran across this while doing some research https://www.rfcexpress.com/lawsuit.asp?ID=56380 I am not trying to stir the pot; just wanting to make the folks out there aware that it looks like NetBait is enforcing one of its patents. I couldn't view the actual petition, but I assume this is over the claws. If you look at the defendants in the link and think about their similar products, it seems that NetBait feels any bait with a flat claw is at issue even though some, like the rage tail, have what I believe to be a significant difference with the curvature and the raised ridge on the radius. Also notice there was a 350 dollar filing fee. Quote Link to comment Share on other sites More sharing options...
Acuna Posted April 18, 2010 Author Report Share Posted April 18, 2010 If you look at the defendants in the link and think about their similar products, it seems that NetBait feels any bait with a flat claw is at issue even though some, like the rage tail, have what I believe to be a significant difference with the curvature and the raised ridge on the radius. Also notice there was a 350 dollar filing fee. I don't disagree- the Rage Tail seems very different than the NetBait Paca's. However, some of the baits really resemble the NetBait products. I've noticed at least one retailer (Xcite) has already removed their Flap Jack from their website- surely in response to this lawsuit. OT- but I think it is crazy how the RI guys have completely disregarded enforcement of their Sweet Beaver patent... Quote Link to comment Share on other sites More sharing options...
GB GONE Posted April 19, 2010 Report Share Posted April 19, 2010 I've noticed at least one retailer (Xcite) has already removed their Flap Jack from their website- surely in response to this lawsuit. I HATE that for Lloyd!!!!!!! He is a really good guy and just made the switch from hand pouring to injection! I am sure those molds were VERY costly to have done!!! I respect NetBait's right to protect their patent but I fear that many will have to fold due to the cost of the fight rather than the actual infringement of the patent. In my opinion, this is setting a dangerous precedence! I think Dave said it in another post....... Money talks in the patent arena for sure! Jim Quote Link to comment Share on other sites More sharing options...
Acuna Posted April 19, 2010 Author Report Share Posted April 19, 2010 I don't know anyone over at Xcite either, but I sure hate it for them too.... It seems like with the economy being down, a lot of bait companies are all of a sudden enforcing their patent when in the past they would let things slide. Just a passive observation- nothing to actually back that up.... Quote Link to comment Share on other sites More sharing options...
GB GONE Posted April 19, 2010 Report Share Posted April 19, 2010 (edited) I just read the full complaint... 26 pages long. There area at least 23 baits mentioned in the complaint and the whole complaint refers back to the "legs" and how they attach to the body (I think??!!!) Incidentally, the Rage Tail was not mentioned in the complaint. I'll get the link and post it for anyone interested. A part of the complaint is also that Venom has been marketing their Dream Craw with an expired patent number on their packaging. Be forwarned as the Chigger Craw is mentioned, Rage Shad, Rage Eliminator, KISS Craw, Foxy Craw, etc... It has nothing to do with the real design except on the portion where the claws connect which are referred to as "legs". Game changer if Net Bait prevails on all the counts as I see many designs for ALL the mold makers out there that have a similar "leg" portion connecting claws or wings on baits! Jim Link: You have to download the pdf file to see the info. http://www.falsemarking.net/cases/2-10-cv-00932.html Edited April 19, 2010 by ghostbaits Quote Link to comment Share on other sites More sharing options...
Acuna Posted April 19, 2010 Author Report Share Posted April 19, 2010 I just read the full complaint... 26 pages long. There area at least 23 baits mentioned in the complaint and the whole complaint refers back to the "legs" and how they attach to the body (I think??!!!) Incidentally, the Rage Tail was not mentioned in the complaint. I'll get the link and post it for anyone interested. A part of the complaint is also that Venom has been marketing their Dream Craw with an expired patent number on their packaging. Be forwarned as the Chigger Craw is mentioned, Rage Shad, Rage Eliminator, KISS Craw, Foxy Craw, etc... It has nothing to do with the real design except on the portion where the claws connect which are referred to as "legs". Game changer if Net Bait prevails on all the counts as I see many designs for ALL the mold makers out there that have a similar "leg" portion connecting claws or wings on baits! Jim Link: You have to download the pdf file to see the info. http://www.falsemarking.net/cases/2-10-cv-00932.html Ho-ly Cow! I just read the complaint... all I gotta say is that if Netbait wins, there are a LOT of small manufacturers that might be out of business or in the middle of a lawsuit. Makes me want to get to work double quick-time on getting a patent approved for the bait I am working on!!!! Quote Link to comment Share on other sites More sharing options...
smallmouthaholic Posted April 21, 2010 Report Share Posted April 21, 2010 Makes me want to get to work double quick-time on getting a patent approved for the bait I am working on!!!! Remember a U.S.A. patent is only good in the U.S.A. A foreign company can copy it and I believe you're out of luck. You also need deep pockets to defend your patent in court. Good luck w/your new product Quote Link to comment Share on other sites More sharing options...
charmerbaits Posted February 1, 2011 Report Share Posted February 1, 2011 Remember a U.S.A. patent is only good in the U.S.A. A foreign company can copy it and I believe you're out of luck. You also need deep pockets to defend your patent in court. Good luck w/your new product Has anyone ever heard what happened with this? Charlie Quote Link to comment Share on other sites More sharing options...
GB GONE Posted February 1, 2011 Report Share Posted February 1, 2011 Slow wheels of justice are still turning.... Jim Quote Link to comment Share on other sites More sharing options...
charmerbaits Posted February 1, 2011 Report Share Posted February 1, 2011 Slow wheels of justice are still turning.... Jim Wow. Almost a year later. Charlie Quote Link to comment Share on other sites More sharing options...
mark poulson Posted February 1, 2011 Report Share Posted February 1, 2011 The longer it takes, the more $ the lawyers make. Quote Link to comment Share on other sites More sharing options...
Toadslinger Posted February 1, 2011 Report Share Posted February 1, 2011 I don't disagree- the Rage Tail seems very different than the NetBait Paca's. However, some of the baits really resemble the NetBait products. I've noticed at least one retailer (Xcite) has already removed their Flap Jack from their website- surely in response to this lawsuit. OT- but I think it is crazy how the RI guys have completely disregarded enforcement of their Sweet Beaver patent... Yeah and I gave net bait the name for the flap Jack what will they give me ?? Quote Link to comment Share on other sites More sharing options...
Pitbull Baits Posted February 3, 2011 Report Share Posted February 3, 2011 (edited) Here's the question everybody should ask yourself. What would you do if someone copied something you came up with? Cause if you really think about it we are all knocking off something one way or the other. Then get mad when they enforce it. Edited February 3, 2011 by Pitbull Baits Quote Link to comment Share on other sites More sharing options...
Terry Anderson Posted February 3, 2011 Report Share Posted February 3, 2011 Here's the question everybody should ask yourself. What would you do if someone copied something you came up with? Cause if you really think about it we are all knocking off something one way or the other. Then get mad when they enforce it. thinking about buying some injection molds from Bears or Caney Creek and pouring trailers for my jigs...this has me concerned...I surely don't want to invest hundreds of dollars into molds to be told to cease production....thoughts? Quote Link to comment Share on other sites More sharing options...
SHK Posted February 3, 2011 Report Share Posted February 3, 2011 thinking about buying some injection molds from Bears or Caney Creek and pouring trailers for my jigs...this has me concerned...I surely don't want to invest hundreds of dollars into molds to be told to cease production....thoughts? i can tell you Bears molds are ok. Quote Link to comment Share on other sites More sharing options...
powerworm Posted February 3, 2011 Report Share Posted February 3, 2011 as a good friend of daves i have been told that all of his designs are not infringing on anyones designs Quote Link to comment Share on other sites More sharing options...
Terry Anderson Posted February 3, 2011 Report Share Posted February 3, 2011 as a good friend of daves i have been told that all of his designs are not infringing on anyones designs Thanks guys...any word on Caney Creek...I see they are sponsors here so I do like to support the sponsors... Quote Link to comment Share on other sites More sharing options...
GB GONE Posted February 3, 2011 Report Share Posted February 3, 2011 Unless you have a patent lawyer research the bait design AND ACTION and give you a WRITTEN statement regarding infringement, here say and others saying that they don't infringe is just bunk. The mold makers would need a written statement/opinion from a patent lawyer as well. Just thinking you don't infringe is far from enough. Non of these companies (19) thought they were infringing either. Most have had their products on the market for years now. It may be that the company knows you are infringing and is waiting to get a better settlement from all the baits you are selling prior to them filing suit. They have little to gain by filing in the first month of your production. I see many baits made by the mold makers that are currently out there that potentially infringe on a design, part of a design OR ACTION that has been patented. If Zoom becomes busy again, look out!!!! Until someone decides to take you to court, you really have no clue. If you are a party to the suit, you have 2 choices....stop making the bait or spend hundreds of thousands of dollars defending what you are making. I am NOT a patent lawyer but have spent significant monies on patent research in the fishing area. It is very interesting to hear the thoughts of those that focus specifically in the fishing area on patent information. I guarantee most would be shocked at what they hear and might think harder regarding the blatant bait patent infringes out there, along with all the copyright infringements. Jim Quote Link to comment Share on other sites More sharing options...
GB GONE Posted February 3, 2011 Report Share Posted February 3, 2011 PS Patents are being applied for each and every day. I doubt every mold maker is checking to see what has been patented prior to putting out their new molds each week/month. Not only designs are being patented, bait actions are also patented. Zoom jig trailer is a perfect example as they patented the design or parts of the design along with teh action. Even patent pendings can come back to haunt at a leter date. Like I said, unless you have something from the mold maker's patent lawyer, in writing, that the design does not infringe on a current design OR ACTION, just accepting their word is awful shakey at best. Jim Quote Link to comment Share on other sites More sharing options...
smallmouthaholic Posted February 3, 2011 Report Share Posted February 3, 2011 Unless you have a patent lawyer research the bait design AND ACTION and give you a WRITTEN statement regarding infringement, here say and others saying that they don't infringe is just bunk. The mold makers would need a written statement/opinion from a patent lawyer as well. Just thinking you don't infringe is far from enough. Jim That is the whole truth for sure. Quote Link to comment Share on other sites More sharing options...
hollywood hooksett Posted February 4, 2011 Report Share Posted February 4, 2011 on the otherside o that ..net bait could be hurting there chances with retail outlets who sell all the other baits as well..sometimes it comes around to bite you back Quote Link to comment Share on other sites More sharing options...
Pitbull Baits Posted February 4, 2011 Report Share Posted February 4, 2011 If Net Baits would they need to make more baits? They could get more than 5 million dollars per company. So if Bass Pro drops them would they really care when there suing 15 companys ( Think 15). Box stores are just a outlet to get your name out. Quote Link to comment Share on other sites More sharing options...
Musky Glenn Posted February 4, 2011 Report Share Posted February 4, 2011 Even if you have a design that does not infringe on someone else design, that does not mean that someone else won't sue you claiming it does infringe. How many small companies could stand the legal fight to prove they were right? Musky Glenn Quote Link to comment Share on other sites More sharing options...
GB GONE Posted February 4, 2011 Report Share Posted February 4, 2011 (edited) on the otherside o that ..net bait could be hurting there chances with retail outlets who sell all the other baits as well..sometimes it comes around to bite you back Not really. IF Net bait prevails, all the companies they are suing will have to PAY netbait to continue to produce their baits. This IS NOT about shutting other companies down, this is about getting a license fee from all those other companies to use their patent. A great example is if you want to put something in a capsule, like a vitamin or a medication. There is a company that holds the patent for that capsule and the process. If you company needs to deliver a vitamin by capsule, you must pay a license fee to the original company to produce that capsule. They don't care what is in it, they just want the license fee. The license fee for the capsule patent is over $50,000. Then you may also have to pay per capsule as well. Follow the money and you can see where this is going easy! Net Bait gets paid to make their Paca Craws AND gets paid when all these other companies make their baits. Even if the other companies can't sell one bait, Net Bait gets paid UP FRONT. Brilliant in my estimation! Jim edit for spelling... Edited February 4, 2011 by ghostbaits Quote Link to comment Share on other sites More sharing options...
