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crappieseeker
02-14-2010, 08:30 PM
If you take a lure on the market and have a machine shop make you an exact mold of that bait and sold it say like on ebay, could they get you for copyright infringement or is it just if you use their name. How do you know if a particular bait shape or style is copyrighted?

guest01
02-14-2010, 08:53 PM
yes, you can get into trouble. most big bait companies have patents on their baits, not just one but several per bait on about every thing about the bait.There has been a few bait companies lately that have been going after the little guy's.

crappieseeker
02-14-2010, 09:29 PM
So how do you know if they have a copyright? I mean like tube baits. Everyone makes tubes.

mepperson
02-14-2010, 09:54 PM
Another along the same lines.....If the bait isn't an exact copy but is changed or modified can it still be called copyright infringement?

guest01
02-14-2010, 10:03 PM
Another along the same lines.....If the bait isn't an exact copy but is changed or modified can it still be called copyright infringement?

it depends on what they have protected in their bait, if you change one thing but they have protected other parts of their design then you could still have them come after you. Best advise I could give is to design your baits, and dont copy others hard work and investment. cant get in to trouble if its all your design.

Timmy Tom
02-14-2010, 10:29 PM
Go to U.S. Patent and Trademarks. But you will have a hard time finding a plastic tube or minnow. Basically you will have to patent the plastic and let them tell you if you can have sole ownership of that product but if you do get it,Well you have claim to it (but you cannot sue companies that have been making that product before your patent). Costs 300 to 5000 I guess to get it done. Legal discription and all. You can do a name search for products being sold at stores and see if they are active or none active patents on them. But you will see problems such as name changes and companies buying out other companies. Its like looking for a needle in a hay stack.

TT

crappieseeker
02-14-2010, 10:51 PM
the thing is, so many look so much alike that it is hard not to have something very similar and only certain kinds seem to be successful to some people for catching fish

crappieseeker
02-14-2010, 10:53 PM
if I ever get to live to retire I might want to sell some products for a little side hobby and cash lol

mepperson
02-14-2010, 11:53 PM
it depends on what they have protected in their bait, if you change one thing but they have protected other parts of their design then you could still have them come after you. Best advise I could give is to design your baits, and dont copy others hard work and investment. cant get in to trouble if its all your design.

I think you are correct but with all of the baits out there, it's hard to design something that doesn't have characteristics of something already made, especially since most baits are made to look like some natural prey. I was thinking about getting into it as a hobby and possibly some extra income when I retire, but I guess I'll just make my own to fish with and become a part-time male exotic dancer to make ends meet :D.

ShilohRed
02-15-2010, 07:07 AM
I have a bait that I have never seen on the market. And have been thinking the same thing. Guess I will have to try and get a patent on it. We have some products now that I wish we could have had patents on. But could not get them. So were going to ride it as long as we can. But we have a BIG company now trying to get us to let them License them for there use. And if we can get everything worked out with them. You can bet we will sure do it. As they will be sold in every store like Wal-Mart,Bass pro,Cabelas,Dicks, Gander Mountain.LOL May be what our dreams or nightmares are made of..
Pete

crappieseeker
02-15-2010, 07:36 AM
So let us have a sneak peek of that product Shiloh

mepperson
02-15-2010, 01:41 PM
I have a bait that I have never seen on the market. And have been thinking the same thing. Guess I will have to try and get a patent on it. We have some products now that I wish we could have had patents on. But could not get them. So were going to ride it as long as we can. But we have a BIG company now trying to get us to let them License them for there use. And if we can get everything worked out with them. You can bet we will sure do it. As they will be sold in every store like Wal-Mart,Bass pro,Cabelas,Dicks, Gander Mountain.LOL May be what our dreams or nightmares are made of..
Pete

I would like to see it, but understand your reluctance. Did you design it? What kind of bait is it?

ShilohRed
02-15-2010, 08:47 PM
Yes its my design and until I find out more on getting it covered not going to post anything about it. But Hope to know what its going to take to get it covered for us soon.
pete