GB GONE Posted November 26, 2007 Report Share Posted November 26, 2007 I received this email just a short while ago. Might save some others a few headaches...(I purposely used #'s in the bait company name.) "I own a small lure company, ### ### Lures, in NC. I wanted to give you a heads up that Zoom Bait Co. goes after you if you use the words "Trick Worm" to describe any fishing product. I got a nasty letter from their attorneys and am madly changing labeling on product and changing names on line. Apparently they have gone after several small companies rattling their sabers. Hope this saves you some trouble..it is sort of flattering that a mega corp. spends so much time and energy going after the little guy! I think there is room enough on the lakes for all of us, but apparently not." Might want to consider a change if you are using trick worms on your site or packaging. Just a heads up!!! Jim PS Fluke and brush hog also seem to be registered trademarks of Zoom. Might be an issue for mold makers as well as bait makers!!!! Quote Link to comment Share on other sites More sharing options...
lilcraw Posted November 26, 2007 Report Share Posted November 26, 2007 What about a "TRIK WORM" always ways around it. Quote Link to comment Share on other sites More sharing options...
millsryno Posted November 26, 2007 Report Share Posted November 26, 2007 What about a "TRIK WORM" always ways around it. Nope, can't do it. If it is a similar product and the name could mislead somebody to thinking it was the same thing, you can't do it. Kind of like DeWalt drills. A new manufacturer can't develop a drill with the same color scheme and call it DeWault drills. BTW - You can trademark any product name you have for free. Just add a "TM" next to the product name and it is officially trademarked. You don't have to register a trademark. If you want to do this, you need to make sure that it is done every time you use that name. You can't pick and choose when to do it. The R with circle is the same thing as the TM, except the R with circle means it has been registered. Quote Link to comment Share on other sites More sharing options...
Smallie Posted November 27, 2007 Report Share Posted November 27, 2007 Ryan - what about copyright and the circle with a "C" inside it? Quote Link to comment Share on other sites More sharing options...
nickcalderone Posted November 27, 2007 Report Share Posted November 27, 2007 I received this email just a short while ago. Might save some others a few headaches...(I purposely used #'s in the bait company name.)"I own a small lure company, ### ### Lures, in NC. I wanted to give you a heads up that Zoom Bait Co. goes after you if you use the words "Trick Worm" to describe any fishing product. I got a nasty letter from their attorneys and am madly changing labeling on product and changing names on line. Apparently they have gone after several small companies rattling their sabers. Hope this saves you some trouble..it is sort of flattering that a mega corp. spends so much time and energy going after the little guy! I think there is room enough on the lakes for all of us, but apparently not." Might want to consider a change if you are using trick worms on your site or packaging. Just a heads up!!! Jim PS Fluke and brush hog also seem to be registered trademarks of Zoom. Might be an issue for mold makers as well as bait makers!!!! I went to your web-site and noticed that you have labeled them "slick worms"... I LOVE IT! These corporate companies need to step back, relax, and have a Snickers...oops...I mean chocolate covered nut and caramel confection. It never ceases to amaze me how these companies think they can "own" a word or a phrase. RIDICULOUS! So, if I came up with a bait and called it a "super-brush-ultra speed-worm-hog" I wonder what they would do? I would crack up laughing if they actually sent a letter with that name as a reference...too funny...someone else would actually type all of that out in a scolding manner! How about a "horny-brush-fluke-tube"? Can you picture that on paper? Anyway, just wanted to put my usual demented twisted opinion on things. GOOD LUCK GHOST! ...and way to go! Nick P.S.- Does this mean I cannot refer to my wife as an ultra-horny-speed-critter? ...um...nevermind Quote Link to comment Share on other sites More sharing options...
millsryno Posted November 27, 2007 Report Share Posted November 27, 2007 Ryan - what about copyright and the circle with a "C" inside it? That is a copyright. Everything you post on your website should be copyrighted. For example, look at the bottom of my site, you will see it is copyrighted. Copyrights are different from trademarks, which different from patents. They all have their time and place. Everything article you write or a website you build should be copyrighted. Its free to do, you just have to put it. Then, for anybody to copy it, they legally need your permission. Every name you create should be trademarked. For example, if you make a bait called a "Crocket Rocket", nobody can just use this name. You can make a unique bait and call it a "Crocket Rocket" or it can even be a senko knockoff. It doesn't matter, you can trademark the name. A good example would be Kleenex. Kleenex is a trademarked name. No other manufacturers can call their tissue paper Kleenex. You can trademark every name you make by puting the small "TM" next to it. Or you can register it by paying a fee and puting the "R" and circle. A patent is a different animal all together and not worth going into here. You can search on this site for multiple discussion ont he topic. Patents are much more involved and generally cost money to get. Quote Link to comment Share on other sites More sharing options...
LaPala Posted November 27, 2007 Report Share Posted November 27, 2007 Read this: Law Review Article on the Problems with Copyright Excellent article by John Tehranian: "Infringement Nation: Copyright Reform and the Law/Norm Gap": I am already infringing since i coy paste the above from: http://www.schneier.com/blog/archives/2007/11/law_review_arti.html:teef: Quote Link to comment Share on other sites More sharing options...
Senkosam Posted November 27, 2007 Report Share Posted November 27, 2007 Interesting Jim. Trademarks are generally distinctive symbols, pictures, or words that sellers affix to distinguish and identify the origin of their products. Trademark status may also be granted to distinctive and unique packaging, color combinations, building designs, product styles, and overall presentations. It is also possible to receive trademark status for identification that is not on its face distinct or unique but which has developed a secondary meaning over time that identifies it with the product or seller. The owner of a trademark has exclusive right to use it on the product it was intended to identify and often on related products. Under state common law, trademarks are protected as part of the law of unfair competition. Registration is not required. Quote Link to comment Share on other sites More sharing options...
GB GONE Posted November 27, 2007 Author Report Share Posted November 27, 2007 I went to your web-site and noticed that you have labeled them "slick worms"... I LOVE IT! These corporate companies need to step back, relax, and have a Snickers...oops...I mean chocolate covered nut and caramel confection. It never ceases to amaze me how these companies think they can "own" a word or a phrase. RIDICULOUS! So, if I came up with a bait and called it a "super-brush-ultra speed-worm-hog" I wonder what they would do? I would crack up laughing if they actually sent a letter with that name as a reference...too funny...someone else would actually type all of that out in a scolding manner! How about a "horny-brush-fluke-tube"? Can you picture that on paper? Anyway, just wanted to put my usual demented twisted opinion on things. GOOD LUCK GHOST! ...and way to go! Nick P.S.- Does this mean I cannot refer to my wife as an ultra-horny-speed-critter? ...um...nevermind LMAO Nick!!! Can't we all just get along!!!!!!! Jim Quote Link to comment Share on other sites More sharing options...
saint308 Posted November 27, 2007 Report Share Posted November 27, 2007 Those greedy bastages. Saint. Quote Link to comment Share on other sites More sharing options...
fish devil Posted November 27, 2007 Report Share Posted November 27, 2007 IMO I wouldn't believe anything unless it was sent to me snail mail, registered mail or certified mail. IF I got an e-mail like that it would go into my spam folder. Quote Link to comment Share on other sites More sharing options...
GB GONE Posted November 27, 2007 Author Report Share Posted November 27, 2007 IMO I wouldn't believe anything unless it was sent to me snail mail, registered mail or certified mail. IF I got an e-mail like that it would go into my spam folder. If it was from someone that I did not know, I may have had the same reaction!!! Jim Quote Link to comment Share on other sites More sharing options...
patrick reif Posted November 28, 2007 Report Share Posted November 28, 2007 the same thing happened to charlie case. zoom sent him a nasty gram saying he had to change the design of his soft jerkbait because it was too similar to the fluke. he eventually fanned the tail as opposed to the typical fork. it works better on the drop now as a deadsticked bait because the fan tail makes the rearend swing side to side with an enticing "eat me, i'm injured" flutter. zoom Quote Link to comment Share on other sites More sharing options...
Mattlures Posted November 28, 2007 Report Share Posted November 28, 2007 Let me get this straight. Zoom designes a worm. They give the worm a name and Market the worm. The spend thier money promoting this worm and they have trademarked the name. Now the "little guys" want to make money off thier hard work by making a similar product and using a similar name ? Basicaly they are leaching off of Zoom and somehow ZOOM IS THE BAD GUY? Wrong is wrong, it doesnt matter if their a big corparation. They have a right to protect what is thiers. I have a novel idea, how about make your own version of a bait and give it its own name without trying to rip off another company? Quote Link to comment Share on other sites More sharing options...
nickcalderone Posted November 28, 2007 Report Share Posted November 28, 2007 Let me get this straight. Zoom designes a worm. They give the worm a name and Market the worm. The spend thier money promoting this worm and they have trademarked the name. Now the "little guys" want to make money off thier hard work by making a similar product and using a similar name ? Basicaly they are leaching off of Zoom and somehow ZOOM IS THE BAD GUY? Wrong is wrong, it doesnt matter if their a big corparation. They have a right to protect what is thiers. I have a novel idea, how about make your own version of a bait and give it its own name without trying to rip off another company? Bad day, muffin? Do ya need a hug? (lighten up...I am just joking) Quote Link to comment Share on other sites More sharing options...
saint308 Posted November 28, 2007 Report Share Posted November 28, 2007 The end. Saint. Quote Link to comment Share on other sites More sharing options...
pastorshane Posted November 28, 2007 Report Share Posted November 28, 2007 So am I going to get sued for selling a bait that looks like the fluke but is called a differant name? Quote Link to comment Share on other sites More sharing options...
saint308 Posted November 28, 2007 Report Share Posted November 28, 2007 No. you should be fine. If they do come calling, just tell them to contact your lawyer. His name is Jim O'Conner at ghost law firm. Saint. Quote Link to comment Share on other sites More sharing options...
pastorshane Posted November 28, 2007 Report Share Posted November 28, 2007 Is his law firms motto" We will sue you so fast it's scarey"? Quote Link to comment Share on other sites More sharing options...
Mattlures Posted November 28, 2007 Report Share Posted November 28, 2007 Nope dont need a hug. I just think its pathetic to justify steeling because its a big company. Stick up for the little guy even though the little guy is the one who is infringing? If the name is trademarked and sombody else trys to sell a similar prodcut by using a similar name they are infringing. They are wrong and Zoom has ever right to sue if they want to. If they do sue I would be routing for the "big guy". If the little guy is smart he would avoid this by changing the name. I call it how it is. Go ahead make me out to be the bad guy for calling a spaide a spaide Quote Link to comment Share on other sites More sharing options...
alsworms Posted November 28, 2007 Report Share Posted November 28, 2007 Is his law firms motto" We will sue you so fast it's scarey"? Jim......perhaps a new hobby? I like this motto too....... "Go law or go home!" On a serious note, I thought we talked about this not too long ago on one of these threads. Isn't there a HUGE difference between "trademark" and "copyright"? Forgive me for sounding stupid because I have done neither, but isn't "copyright" the one that costs thousands of bucks to obtain, and trademark is something simple like "the salted, forked-tailed fluke is our trademark"?? If so, I believe it to be unethical to call a bait a "fluke". Make the same bait, but simply change the name. I mean I sold a "Super Shad Fluke" for years. Never had any problems with that. On the other hand, if the big boys have a "copyright" on that bait, I'd stay away from it altogether. Just my Quote Link to comment Share on other sites More sharing options...
nickcalderone Posted November 28, 2007 Report Share Posted November 28, 2007 Nope dont need a hug. I just think its pathetic to justify steeling because its a big company. Stick up for the little guy even though the little guy is the one who is infringing? If the name is trademarked and sombody else trys to sell a similar prodcut by using a similar name they are infringing. They are wrong and Zoom has ever right to sue if they want to. If they do sue I would be routing for the "big guy". If the little guy is smart he would avoid this by changing the name.I call it how it is. Go ahead make me out to be the bad guy for calling a spaide a spaide Oh man...I was out of line for posting that. Sorry Matt...I didn't mean anything by it. I was just trying to lighten the post up a little. I'm sorry... It's my nature to poke fun...and sometimes it's not funny. I wasn't making you out to be the bad guy at all. In fact, YOUR NOT A BAD GUY...I have read a lot of your posts, and you seem like a GREAT GUY. You have an amazing line of products that you should be very proud of and I understand your feelings about the issue here. Aside from all of that, I just try to keep things in a humorous perspective...after all, we are just talking about lures...not curing cancer. Sorry if I offended... Nick Quote Link to comment Share on other sites More sharing options...
Mattlures Posted November 28, 2007 Report Share Posted November 28, 2007 No need to apologize, No offence taken. In all honesty it saddens me when I see a board full of tallented lure makers who do nothing more than to copy other peoples baits. To make them for your own use is one thing. I do that to, to save a buck but I wouldnt sell them. To me its just not right and I would feel that a failed as a bait maker. Many guys like to justify it buy saying company x makes millions so why not get my litte piece? Because its not right thats why. Many of you cant relate because you have not been lucky enough to have one of your own designs take off. Believe me if you guys do and the "little guys" start ripping you off it will quickly change your perspective. escpecialy if you put in all the legwork and money to get your bait to become a success. I see soo much talent on here I just think guys could do better. I also understand I will be unliked for posting the truth, I cant help it, I just have to call it like I see it. The way the thread was going did get under my skin a little, I mean the company who is the victim was being made out to be a big mean bully for defending itself. I wish all of you luck with your buisinesses. I will help any of you if I can as long your selling your own designs. Quote Link to comment Share on other sites More sharing options...
Bountiful Waters Posted November 28, 2007 Report Share Posted November 28, 2007 I agree with Matt. Large companies did not start large. They started with an idea and grew from there. Really no different than us at times. I do pour lures that are copycat off of an origional. Different coloring, size, ingredients, etc. and I think it has some of my personality. I also design my own. If one of my designs took off, yep I would be ticked too if every "hand poured" bait site was selling a remake off of what I spent months working on. I guess I am sort of a hypocrite. I do know that the copycat bait I am pouring is not available in the color scheme I am using, nor ingredient wise. Anyway, not sure if I understand my own post, too early in the morning, Oh yeah, I agree with Matt! Quote Link to comment Share on other sites More sharing options...
nova Posted November 28, 2007 Report Share Posted November 28, 2007 Matt; that is the exact reason I design all my baits. If you notice the only thing generic on my site are the sticks. I've never gotten a letter or a call and I want to keep it that way. Why complicate your life? www.novalures.com Quote Link to comment Share on other sites More sharing options...
