earthworm77 Posted April 10, 2007 Report Share Posted April 10, 2007 I sell hair jigs in the colder months. Yesterday I got a letter from Gopher Tackle telling me I could no longer say my jigs were tied on mushroom heads. Mushroom is merely a style, like ball head, tube head, grass head etc. These heads are openly available in Stamina or Barlows and labeled as mushroom heads. Nowhere in my description is there a reference to Gopher tackle or this being a copy of a Gopher Tackle jig head. As a guy who pours soft plastics, I know about the 25% rule regarding modifying a bait at least 25% to be different from a lure that is patented. In this instance we are talking about hair jigs, not bulk mushroom heads. I'm not looking to start a war with Gopher tackle but I think their letter is silly. Any advice appreciated. Quote Link to comment Share on other sites More sharing options...
Gloomisman Posted April 10, 2007 Report Share Posted April 10, 2007 Is their product patented? Quote Link to comment Share on other sites More sharing options...
Elken Posted April 10, 2007 Report Share Posted April 10, 2007 I went to their website; it looks like you can't use the word "Mushroom" with the word "Jig": ---------LEGAL NOTICE--------- The following trademark is protected by law Mushroom Head Jig U.S. trademark registration #1,326,154 Unauthorized use of the word 'MUSHROOM' to describe any fishing tackle jig product is an infringement and direct violation. For more information contact Gopher Tackle 218.546.8195 and fax and gopher@emily.net Quote Link to comment Share on other sites More sharing options...
sim Posted April 10, 2007 Report Share Posted April 10, 2007 I think they've over stated it... they can't trademark the use of the word "Mushroom"... they have trademarked "Mushroom Head Jig" specifically. Mushroom Jig 'would be close enough', but can't say if it would hold up in court (I am not a lawyer). Its not about the head, its about the name. Do-Its mold is called "Worm Nose Jig". Quote Link to comment Share on other sites More sharing options...
Riverrat Posted April 10, 2007 Report Share Posted April 10, 2007 I would first look up the patent number at the US patent office website. I have worked on several custom products that my former company patented and it is a very very costly process. I can not imagine a small company would patent a jig, one of the big guys I could see maybe. Look and see what part of it is patented and when their patent expires. Just do your homework. Quote Link to comment Share on other sites More sharing options...
sim Posted April 10, 2007 Report Share Posted April 10, 2007 Rivverat, It's not a patent dispute, its a trademark. They claim (in the text provided) that you cant use the word "Mushroom" with any fishing related product. I think they are stretching there... but then, I am not a lawyer. Quote Link to comment Share on other sites More sharing options...
Riverrat Posted April 10, 2007 Report Share Posted April 10, 2007 Sorry my bad. I have been painting in the basement with the windows shut. I agree with ya Sim they are stretching a bit. That would be like me trademarking the word "spinnerbait". Quote Link to comment Share on other sites More sharing options...
bassman843 Posted April 11, 2007 Report Share Posted April 11, 2007 I would call and ask your lawyer Quote Link to comment Share on other sites More sharing options...
doomdart Posted April 11, 2007 Report Share Posted April 11, 2007 Just a thought....how much would it really affect your own sales if you changed the name? Your existing customers probably don't care what the name is if it works. And new customers wouldn't care much if they can see what they order before they get it. So, maybe ####oki head or toadstool jig? I wonder if the act of changing the name legally equals "admitting" that there is an infringement issue? I agree with the others that the company might be stretching to claim "mushroom" as their own. I think a quick consultation with a knowlegeable lawyer would be in order unless you just want to change the name. Quote Link to comment Share on other sites More sharing options...
doomdart Posted April 11, 2007 Report Share Posted April 11, 2007 I see the auto censor got part of the post. The word I typed includes the same string of letters as a four letter curse word. It is a kind of mushroom. Quote Link to comment Share on other sites More sharing options...
nova Posted April 12, 2007 Report Share Posted April 12, 2007 Earth, I see you're from the Fla. area. Why don't you call it "Gatorhead" and tell them to go pee up a rope. lol www.novalures.com Quote Link to comment Share on other sites More sharing options...
mtcald10 Posted April 12, 2007 Report Share Posted April 12, 2007 I looked at your sight and I didn't see any where where you even remotely called your product a "Mushroom Head Jig". It looks primarily like you just describe your product as being made with a mushroom head. If it were me, and I am not any where remotely near a lawyer, I would rework my description at the most but your product names I think look OK to me. Quote Link to comment Share on other sites More sharing options...
fish_rman2000 Posted April 12, 2007 Report Share Posted April 12, 2007 call them Kept in the Dark and feed Poo Quote Link to comment Share on other sites More sharing options...
earthworm77 Posted April 12, 2007 Author Report Share Posted April 12, 2007 It isn't a point of finding a new name. Like I said, the mushroom head is a type of head, just like a football head or a tube head. Does that mean that any one of us could trademark football head and prevent anyone from using it. I could see if it was Gopher head and they trade marked that but seriously, I think it is silly. Quote Link to comment Share on other sites More sharing options...
doomdart Posted April 12, 2007 Report Share Posted April 12, 2007 I agree, silly all around. I was only saying that if you don't want further hassle and potential liability you could consider changing the name. Or just reply and tell them to pound sand. Quote Link to comment Share on other sites More sharing options...
sim Posted April 12, 2007 Report Share Posted April 12, 2007 Silly is irrelivant. They own the trademark to "Mushroom Jig Head", and they claim that he is infringing upon that trademark using "Mushroom" with any related product. While I think the claim is stretching, they are well within thier rights to defend thier trademark (that;s the whole reason you get them). He has two choices: 1.) change the name 2.) argue it/defend his usage of it and why it does not infringe, or why the trademark they have chosen is indefensible (claim that the term "Mushroom Jig" is synonymous with the head style so as to make it a generic term for the shape/style of the head, etc...)... but those things cost money... probably alot of money for a "side line business". They have no choice but to defend the trademark, because if they do not, the eventually lose the ability to, and then the mark becomes useless. IOW, if they let him slide, that becomes evidence for the next guy to slide, and so forth. And, the mold that is sold by by Do-It is a "Worm Nose Jig" - not a "Mushroom Head Jig"...further backing up thier claim (took me forever to figure out that was the same darn head!) Quote Link to comment Share on other sites More sharing options...
GotstaFish Tackle Posted April 14, 2007 Report Share Posted April 14, 2007 I've seen this before and they can stop you from using mushroom jig. Quote Link to comment Share on other sites More sharing options...
dicknite Posted April 14, 2007 Report Share Posted April 14, 2007 Maybe you could call it a "Mushroom Shaped Jig"? d|"^) Dick Quote Link to comment Share on other sites More sharing options...
GotstaFish Tackle Posted April 14, 2007 Report Share Posted April 14, 2007 Maybe you could call it a "Mushroom Shaped Jig"?d|"^) Dick Or a Shroom Jig Quote Link to comment Share on other sites More sharing options...
MR KNOW IT ALL KIND OF Posted April 16, 2007 Report Share Posted April 16, 2007 I would call it a Circumcisied Jig Head!! Mushroom Jig Head is dumb name anyway!!!! It looks more like a Circumcisied head when you think abou it!!! But what the heck do I know! I am just a Rookie with a Marketing Degree that paints fishing lures for a living now!! Man I had fun in college for those 8 years!!! To bad I never used my degree!!! Hope I helped!! Quote Link to comment Share on other sites More sharing options...
Vodkaman Posted April 16, 2007 Report Share Posted April 16, 2007 I'd call it a 'Toadstool jig', just to highlight how stupid the whole complaint is. Quote Link to comment Share on other sites More sharing options...
MrStitch Posted April 19, 2007 Report Share Posted April 19, 2007 I like the idea of 'Shroom Jig' It's a little catchier, shorter, easy to remember, and it blatantly laughs at the face of your opposing company. hahahhaha I don't see how they could take you to court for that. The term is similar, but not 'The Same'. 'nough said. Quote Link to comment Share on other sites More sharing options...
