Thanks Bob,
Dave from LC tells everyone that lures are nature-sims and can't get patents. He used the term copyright for trademark, when applied to the name or logo of a product, used to prevent use by another party.
Thanks for clearing that up. He may have been confused by the following:
Senko's and most other soft plastic worms or grubs, do not copy an animal's appearance or their natural motion. (Original Creme worms, Mad Man Craws and Worth Comp.'s realistic, fprage sims do, but only in design, not in utlity (action).) The same applies to Senkos. The unique action is not natural nor is it's appearance. To sell Senko copies poured from LC molds would be an infringement if the Senko design was patented.
Maybe not, since utility is dependent upon his design.
but:
Scenario 1: Mr. Twister trademarked it's company name and the product name, Phenom. Creme invented the first plastic worm.
Q: If Creme worms were patented, did Twister need to apply for a license to produce plastic worms? The above suggests that Mr. Twister's new design was not an infringement nor was the use of plastisol to make plastic worms, though both products are used to catch fish.
Scenario 2: GY had gotten a patent for the Senko. Did an overlaping infringement of his patent exist with that of Gene Larew? Though the altered design did not have the same exact action as Larew's worms, there was still an infringement of utlity in the use of a salt and plastisol mixture.
Q: Is everyone who sells salted plastics infringing on Larew's patented salt- injection of plastisol as used in soft plastics? Zoom has duplicated the salt injection of the Senko but in a Speed Worm design. Does Woo Daves pay Larew to use the mixture?
note:
note:
note: Plants or seeds may be patented (i.e. hybrids, mutants, etc.)(i.e. flowers)
(I'm not a patent lawyer, but I did stay at a Holiday Inn recently.) LOL
Sam