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NorthwoodsFishinstop

Patent/Trademark questions, Erie Dearie

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So I have been pouring tons of Walleye Spinners out of a do-it mold I bought. The mold is no longer in production, I think Do-it had to stop making it because of a dispute with Captain Dans. The question is if I sell these, can I call them Lake Erie walleye spinners, or is that getting to close. Thanks for the help in advance.

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Northwoods,

I know I've posted this info before. Anyway, I'll post it again. Majority of my 30 molds are by Do-It Corp. Denver Iowa. When I was doing my catalog, I didn't know what to call all the jigs that Do-It made. So I called Do-It molds, and asked them, if I can call their Ultra-Minnow jig mold, an Ultra Minnow jig in my catalog. The answer was yes. With this said, all my jigs in my catalog are called exactly what Do-It calls them in there mold. They were very nice about it. They said since they are not in the market to sell jigs, it wasn't a problem. My answer to your question is this. Always and I mean always call them up and ask and verify the information you need, before you do anything. Let us know what your response was, so others can have an idea on what they need to do. Please pass on and share the information.

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Yeah they're having the same problem with the Pony Head Mold, because of Blakemore (Road Runner), and they have a big notice in the catalouge about it.

Some of these tackle companies are getting out of hand, I labeled mine when I sold to some local shops Dougs Do it Pony Head Jigs, and they used to put them right next to the road runners.

Fatman

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I'm glad to find this thread and hope it's not so old that maybe I could still get a response... so to make sure I get what y'all are sayin, it's best to contact Do-It to clarify any namenclature thru them first, but we also have to be concerned if there is a tackle making company out there that has a patent on names that anybody should be able to use? I've tried to navigate the patents site a few times but it just makes me weary because what if I missed something in my search. I didn't even know about the Captain Dan's dispute or the other one while looking up to see what the etiquette is for naming our custom jigs. Is this kind of info regularly published in some central location? Or do I just have to comb thru lots of literature and hope I don't miss something so as not to step on anyone's toes? I mean. I thought that anyone could copy my design and just change one design element and not be breaking any copyright laws... anyone willing to help school me on this?

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14 minutes ago, Janie'sPassion said:

I'm glad to find this thread and hope it's not so old that maybe I could still get a response... so to make sure I get what y'all are sayin, it's best to contact Do-It to clarify any namenclature thru them first, but we also have to be concerned if there is a tackle making company out there that has a patent on names that anybody should be able to use? I've tried to navigate the patents site a few times but it just makes me weary because what if I missed something in my search. I didn't even know about the Captain Dan's dispute or the other one while looking up to see what the etiquette is for naming our custom jigs. Is this kind of info regularly published in some central location? Or do I just have to comb thru lots of literature and hope I don't miss something so as not to step on anyone's toes? I mean. I thought that anyone could copy my design and just change one design element and not be breaking any copyright laws... anyone willing to help school me on this?

 

It isn't a patent, it is a trademark or copyright that concerns names like "chatterbait" or "Erie Dearie".  Do-it will not have a problem with you calling your jigs the same as they do, the problem is with a bait like the Erie spinner mold and the pony head mold, the Erie spinner is discontinued but the pony head is still in production as there has been a long standing dispute between Blakemore and Do-it.  I believe those are the only molds you need to worry about, at least the only ones that I'm aware of. 

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