Thread: How do i register a new fishing grub?

Originally Posted by shipahoy41

Awesome advice my friend. You helped a lot of people today.

Especially the post office.

First My Disclaimer: I am not an Attorney. However, I manage Intellectual Property for a large high technology plastic company so I am reasonably versed on the subject; the explanations below are somewhat general in nature.

Copyright: Applies to written words (as in a writing of some kind) and artwork. You claim "copyright" by simply stating so on the document. For example, on the bottom of your website (if you sell baits) you should have copyright 2012 (and the other years you have been placing writing on this site".) SAVE PRINTED copies of your site with the date on the page (it's a setting in your browser printing settings). If someone comes along and copies your words and/or pictures exactly you can claim "copyright" and make them take down the offending material. The main point here is that you need to be able to PROVE you wrote it first (or you took the picture or created the artwork) so good record keeping is required. For example, MicroSpoons has some outstanding artwork (pictures) on his site. He should have (C)2012 on the bottom of each picture (in tiny print) or at least a copyright statement on the bottom of the page: "All pictures on this page are the copyrighted work of MicroSpoons" and "Copyright 2010,2011,2012". Then if I steal one of his pics and put it on my site...he can make me stop using it via "Cease and Desist Letter" from him or his Attorney.

Trademark: You can trademark a novel name or company name and claim it as your "Mark". Let's use MicroSpoons again. It's a unique usage for a specific set of products. He could "Trademark" this by simply declaring so. MicroSpoons(TM).

Registered Trademark: You can go one step further and register your trademark at the U.S. Patent and Trademark Office Trademarks Home. This gives you a higher level of protection and is suggested if you have a significant investment in money or time in your trademark. You can actually do this yourself or have a Trademark Attorney do it for you at a reasonable expense. Then you can use the registered trademark symbol the R in a circle or (R). The fact that it is a registered trademark makes it a LOT easier to make someone stop using it. Do NOT use the ® symbol or state that it is a Registered trademark if you do not have it registered!!!!

Patent: Patents are a very complex topic....and again...I am NOT an Attorney....and Patent Law changes on a daily basis!!!

The type of patent you would get on a bait would be a DESIGN Patent...that is a patent on how the bait LOOKS":

A design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation. A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. It must be a definite pattern of surface ornamentation, applied to an article of manufacture.

The problem with a Design Patent is that they are fairly easy to "get around" with a small change and need to be VERY well written to protect your design. You need a GOOD Patent Attorney for this...and this is NOT cheap!!!! There is no magic % or number of difference. You either meet the Patent ...or you are outside the patent. Period. However ...it can be expense to prove you are outside their patent...and some companies rely on this to intimidate others.

My rule of thumb is if you can't spend $100,000 getting the patent....and $100,000 protecting it....don't bother!

In my personal opinion, there is a significant issue in the bait industry with the "big boys" bullying the "little guys" and claiming a design patent (and they may or may not have one), or trying to broadly "enforce" their design patent beyond what was stated in the patent. Problem is...they got the $$ and apparently are willing to spend it.They are assuming they can scare you and that you will never go to court over the issue.

WORD OF WARNING: The new patent laws come down HARD on those you claim a false patent. DO NOT claim a patent unless you have one!!!!

But here's some potential good news, if you think you are unfairly being pursued by a company that is claiming a false patent or is trying to push the boundaries of their patent you have some recourse. Your first step would to be to file a complaint with the U.S. Patent Office. If they continue then you may be able to find an Attorney that will take your case based upon fee collection upon recovery…they get a big % of any settlement, etc.

But..the stress of this WILL take a few years off your life expectancy!!!

Soooooo……..If you want to play in this business my suggestion is to innovate…innovate…innovate! Make your money quick on your new bait…before you get ripped off. But by then…be on to the next great thing!

There is a theory in Marketing that “first to market” makes more money than a patent. It takes years to get a patent…and more often than not…especially in this business…you are on to something else by then anyway!

Again…I am NOT an Attorney...so if you have any issues with copyright, trademarks or patent you need to consult an experienced Attorney in this area.