Business questions

[BuggermanBob]

Hi all! I'm Buggermanbob and I'v been making bucktail jigs for a few months now. I have come up with some new inovations and variations while enjoying this wounderful pastime. I would prefer not to mention what they are at this time, but some of these changes are so extreem that it might put my "Buggers" in the hybrid catagory.

My question to you more experienced folks is this;

:

How should I best "lay claim" to these advancements before going public with my "Buggers"?

[Nathan]

Buggerman,You may want to do a poor mans patent.Take pictures,list materials etc. Date everything,then have notorized,Then mail the whole package to your self,and leave unopened.This will give you some limited coverage..Nathan

[funny farm]

Seal it good and dont open it is VERY important . I have a nice stack of ideas and stuff .

[BuggermanBob]

Thanks, Nathan, I've heard of doing that. Does this method greatly reduce my ablity to defend my proprietary claims? Should I consider this as a first step and do it right as soon as I can? I'm sorry to grill you, but I never thought I would be making anything good enough to worry about.

Have you done this? Has there been disussion in the forum about this? OOPS, there I go with the questions again.

Thanks for the help, Nathan

bob

PS- one more question, what kind of lure is your speciality?

[Little Sal]

I have designed a series of new flies, and would like "some" protection with them. A patent is not an option too much money, and I really don't think it's a "true" new invention, just a new design. I have already done the "poor man's Patent". I am trying to find out if I can use a trademark for it, kind of similar to what Blakemore did (wether or not it's valid).

All i want is a little protection, and most of all credit for it...Mr. Clouser came up with the Clouser Minnow, and I want my "flies" name to stick.

Does anyone know which type of trademark, if any I could trademark my flies under?

Thank you,

Little Sal

keith@chumslures.com

[redg8r]

Those are good thoughts,

& I agree that patents are a nightmare,

We all have some "new" stuff tucked away in our shops.

Its a shame that its so hard to safely protect your hard earned ideas.

[Nathan]

Buggerman,My thought on this is,if someone see's something I make,and likes it and starts manufac. themselves and they get a patent on it,and now request I stop making it because of their patent,I've got some recourse and protection and can prove it was my idea.

Personally I think a patent is a big waste of money,a minor change in the design and your around the patent!! And which one of us has the money to defend a patent...Nathan P.S. I'm like Funnyfarm,I have several of these laying around..Nathan

[BuggermanBob]

Thank you guys for your thoughts. This is just what a guy like me needs, the voice of experience! I know it is very expensive to get a patent and I was hoping that there would be a way to get around the expense. I just don't see the return coming from what I make offsetting the large outlay.

I don't get into the legal stuff much, ether.

But I guess we all hope for that pot of gold at the end of the rainbow. Maybe some day...

[Gr8flyz]

I've found the best way to protect what I make is to keep detailed records of what I do & sell. That poor mans patent is a good idea, but be sure you have every detail covered, no matter how small & have the information notorized too! Most banks will do it for free or a minimal fee if you're a customer.

Trademarks don't really cover designs, but mostly cover the name you give your product. If you're going to have a catchy name, be sure about it before you go public with it. If someone else already has that name trademarked, it could become a real costly legal battle. I've found that using my name with generic descriptive names works OK with flies & some other products I make, although not necessarily catchy, they are less likely to create legal problems.For example I have a fly that I call "Hester's Black Stone Nymph" which lets folks know that it's my pattern, and tells them what it is.

Although Bob Clousers fly designs are produced by Umpqua Feather Merchants, only his name is trademarked! Umpqua knows that fly names mean nothing, & slight changes in pattern recipes practically voids a patent. But the name of the guy who designed the fly, as in the case of Clouser is where the real value lies! Umpqua knows that other tyers are going to tie Clousers patterns, but unless the flies are purchased from Umpqua, the name Clouser cannot be legally used for selling those flies!

It's a bit harder to do with lures, but it can be done! Using your name also promotes yourself, which is, in the tackle business half the battle! If you become well known for making a good, productive product, your name will speak for itself!

If you do make the mistake of infringing on a trademark or patent, eventually it will become a problem. Most companies want to avoid legal expenses and will usually give you the chance to stop, without further action. Unless you're positive they are wrong, it's best to find another name or change your design so it's no longer a conflict. If you don't, then be prepared for an expensive legal battle!