Been on this board since the day it started and this is the first string of disagreements I have personally read..it was bound to happen eventually.
If you have not done so already, go to the United States Patent Office Website and do some searching. Here you will find that absolutely no idea out there today is new, every possible concept you can think of has a patent on it, it's quite amazing. You might also purchase Fishing Lure Collectibles, a wonderful book by Murphy and Edmisten with hundreds of color photos in it. Both of these sources will make it clear to you that many of our "modern lures" are actually not so contemporary at all. Spinner baits, old, buzzbaits, ancient, spinners of every shape, fossils, rubber baits, antique, jerk baits, crank baits, small, large, sinking, floating, frogs, ducks, insects, props, bucktails, eyes, weedless, they have all been patented for 75 years or more. There have been some very smart guys down in the basement, out in the shop, avoiding their wives and making lures forever. Most of the ideas guys patent today are very subtle changes from concepts that have in many cases been around for 50 or more years. The photo-finish baits I like to make, guys were doing 50 years or more ago...they drew the pattern, layed it on, and finished over it.
I would never encourage someone to make a mold from a bait and then call it their own particularly if you are going to make money at it. But in reality, ALL of us, are making subtle changes to concepts that have been around before most of us were born. The new swimbaits are really cool but far from unique, large minnow shaped lures very similar to those made today that included jointed bodies and fins have been made for a hundred years or more. The fact that someone is now calling these lures "swim baits", making it from rubber (which is also been used for decades), and giving it his own paint-job, does not in my book make it a "unique concept". It is "his bait" yes, but it is not UNIQUE.
Each of us puts his own personality into their work but in the end we are all making things that have been made by others long before us...well except for that new lure of mine that screams "here fishy, fishy, fishy".
Jed