aaron4mvp

Design Infringement

9 posts in this topic

I know this might be a sensitive subject or one that has an extremely fine line, but I was wondering if I wanted to sell some of my musky baits to local bait shops to, do they need to be completely original?  To be more specific, I see many musky baits that look very similar, just with different paint and design schemes.  If I were to try and sell a bait similar to a zara spook, or another bait similar to a LEE LURES tail whopper, would I be breaking any laws?  Or would someone be offended?  Of course the answer may only be obtainable from the source, just wondering your thoughts on this.  Thanks...

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Does only one place sell steak, or is walmart the only place you can buy paint....Go for it...and i wish you luck

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If you do anything in life somebody will be offended, and if you do nothing in life somebody else will be offended.  As long as you do not violate a patent, or a registered trade mark, or registered trade name I don't think there should be a legal issue. However, a lawyer can make a legal problem for a saint feeding orphans if they want to. 

 

If you make a crankbait that looks exactly like a Rat-L-Trap I doubt there is a patent infringement (if there ever was one I it should have expired by now.)  If you call it a Rat-L-Trap or you claim it was made by Bill Lewis there is a huge problem.  Now if you call it a Jack Schitt's - Zombie Stomper you should be fine until I go register the Zombie Stomper trademark and send you one of those freindly letters telling you to stop stomping my zombies. 

Edited by Bob La Londe
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I make a muskie lure that I call it Reef Scraper the lure looks like the old Bomber bass lures. The size I make they are anywere from 5 to 10 inches. I am pretty sure that the Bomber name most likely is copyrited protected but I dought very much that the style body is protected or at least the larger muskie size. Most copyrite patent they are only good for 20 years, and expensive to get. You have to sell a all bunch of baits before you can make a profit

You can make a quick search on the internet if the name comes up weather is copyrited or not , the right thing to do is come up with another name. When I made the Reef Scraper I wanted to call it Reef Digger but someone also has the name, so I decided to call it Reef Scraper 

Like Bob mentioned if you are infringing on someone else rights I am sure you will get a warning letter from his lawyer, at that point I would  stop. making or using the name

 

Gino

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I cannot even think about anyone bothering to pay anyone to go after you, for just one or two local shops.  Now, if you start to sell in Cabelas or Bass Pro, or ....... maybe they will bother you.

 

Will the cost for anyone to pay legal fees to send you a warning letter be worth their effort?

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I would think big companies are paying for a lawyer(s) on retainers or staff anyway. They don't pay  extra for a lawyer to go after 1 guy or a whole another company to protect their product and product name. And if they don't go after one and not another then they wouldn't be serious about protecting what they want to protect in the eyes of a judge or jury.  It does take much for them to send out a cease and desist letter.

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Not trying to take over your post but reading this I got curious. If you buy the plastic blanks that are knock offs from predator baits, unpainted lures, bustinbassbaits, etc. And paint your own schemes and everything and sell them to local shops or whoever would there be any thing wrong there?

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the other thing is your trademark or copyright is only protected if you enforce it thru litigation,in the country your in.we were approached years back. ,on a cease and desist. it was a waste of time and effort on the others part.

its a cruel ruthless world when hobbies become money ventures.

grow thick skin man,you will need it.

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