Pony Head Jigs

[Fatman]

CrappieDentist

I think you missed this statement in Skips post:

"Clearly he is not well informed as it is not a Patent it is a Trademark! DO you think the guy that lost his business that was making Stump Jumpers thinks that what you say is true? He was not using Roadrunner name and they took his business and now they make Stump Jumpers

So BPS doesn't need to fight with Blakemore cause they're buying them from Blakemore!!

Fatman

[CRAPPIEDENTIST]

Fatman,,
In that case I can pour pony heads & sell them right... just not under the raodrunner name or stump jumper name or any other name that has been trademarked,, am I looking at this correct....

JAKE

[beenfishin?]

trademark invoves ANY PONY HEAD that is GENERALLY A
RIGHT ANGLED HEAD with the eye in the general area of
the bend and includes any and all comercial sales of
the head to anyone without blakemoe licensing the sale
and getting a royalty off each sale

So unless you want to lose your business like this guy did I think you may want to consider just fishing with them and catching fish. If you want to sell them then buy their heads for BPS or who ever you want to.

Skip

All right, here it is. It is the SHAPE of the lead that is trade marked. If you have a custom mold made with the lead head NOT HAVEING A BEND in it, you can make and sell them. "RIGHT ANGLED HEAD with the eye in the general area of the bend". Any one that wants to make their own version just has to make, or have made, a mold that does not have the hook eye in the general area of the bend. Since jig heads are so small, that pretty well covers any head with a bend in it. Therefore, make a triangle shaped head with the spinner on the bottom point and you are in business and blakemore can't say diddly. You will not be infringing on their trademark as the "trademark" is the shape of the head.

[Fatman]

If you sell them and get busted you were warned!!! No matter how you slice it you CAN"T do it.

I have to find the article in BassMaster about the guy who designed the new jig with the blade on the back for swimbaits and all the hell he went through with Blakemore!! And it was within the last year.

Fatman

[stonyloam]

I was a little curious to see who was right here so I did a little research, and it looks like the nod goes to skiptomylu.

from: Example Trademark Devices (BitLaw)

"Product shape :

A product or container shape can also serve a source identifying function and therefore can be an enforceable trademark. A product or container shape may also be subject to a design patent (see the BitLaw discussion of design patents to see an analysis of the similarities and differences between design patents and trademark protection for product shapes). Historically, trademark protection was not granted to product shapes until the consuming public recognized the shape as indicating the source of the product. In other words, the product shape was required to obtained secondary meaning. However, recent court decisions may mean that an inherently distinctive product shape can be a protectable trademark even before secondary meaning is obtained. Examples of product shapes and configurations that likely enjoy trademark status include:" Coke bottle for one. The Roadrunner does have a distinctive shape.

First use was 1968, and trademarked in 1981.

[Jiggin_Joe]

I just looked for sites that sell pony heads and found 2 that sell unpainted heads with swivel and without blades. so from what I read and I did'nt read everyone of the post but quite a few. These sites are breaking the law? wont say the names cause I love the sites lol

[skiptomylu]

I just looked for sites that sell pony heads and found 2 that sell unpainted heads with swivel and without blades. so from what I read and I did'nt read everyone of the post but quite a few. These sites are breaking the law? wont say the names cause I love the sites lol

Yes and they can be sude by TTI-Blakemore and wouldn't be the first. I had lot of email back and forth with the guy that use to make Stump Jumpers and he lost his business over this.

So they are taking a huge risk and if TTI-Blakemore decide to press it this year then they could be in real trouble.

Oh and TTI-Blakemore make Stump Jumpers for BPS now too. Does anyone really believe that if someone else could make them for BPS they wouldn't have them?

Skip