Pitbull Baits Posted May 19, 2011 Report Share Posted May 19, 2011 Did anybody else get one. It doesn't say which bait its about. It has something to do with the Rage Tail line. Quote Link to comment Share on other sites More sharing options...
tbrinlee Posted May 19, 2011 Report Share Posted May 19, 2011 Did anybody else get one. It doesn't say which bait its about. It has something to do with the Rage Tail line. Does it have anything to do with the patent group lawsuit against strike king? External link here... Tony Quote Link to comment Share on other sites More sharing options...
Pitbull Baits Posted May 19, 2011 Author Report Share Posted May 19, 2011 No this is aginst me Quote Link to comment Share on other sites More sharing options...
Vodkaman Posted May 19, 2011 Report Share Posted May 19, 2011 You need to find out exactly what it is that they are wanting to protect. I just did a photo search for SK rage tail, every shape under the sun came up, so no help there. Dave Quote Link to comment Share on other sites More sharing options...
Pitbull Baits Posted May 19, 2011 Author Report Share Posted May 19, 2011 Basicly say its not a infringement letter but to consider this info. Still I emailed them and asked them about what lure they are talking about. Quote Link to comment Share on other sites More sharing options...
Vodkaman Posted May 19, 2011 Report Share Posted May 19, 2011 Basicly say its not a infringement letter but to consider this info. Still I emailed them and asked them about what lure they are talking about. You have done the right thing. They need to explain what exactly it is that they think you are doing wrong. They should back this up with specific references to their patents. Just keep the dialogue to the point, without getting irritated or edgy. This may just be a muscle flexing exercise on their part. I believe in patents and the right to protect them. But without specifics, what do they expect you to do, they don't own everything. Unfortunately, there is a lot of rubbish written in some patents, because the people writing them do not understand exactly how the feature works and the lawyers don't know any better. I wish you luck in your encounter with SK. I would be very interested in reading the correspondence, not that I would be able to help. Just from a lure designers point of view. Dave Quote Link to comment Share on other sites More sharing options...
carolinamike Posted May 19, 2011 Report Share Posted May 19, 2011 Pitbull, I wouldn't worry about it too much. If they didn't even specify a bait, then I imagine it's probably a generic letter they've sent out to other people too. And for them to stress that it was not an infringement warning, makes you wonder just what it was. Do you make something close to the Rage Tail? But anyway, take my word for it, when they get serious after you, you don't ever hear from the company, you hear from their lawyers. I wasn't in business no time when I received my first cease and desist letter, do like I did, be flattered that a big company is taking the time to recognize you. I took it as a compliment that Zoom would actually pay a lawyer to send me a letter. Don't you just love the bait business?! Quote Link to comment Share on other sites More sharing options...
Travis Posted May 19, 2011 Report Share Posted May 19, 2011 Demon Craw is the most likely offender. The letter you showed last night, from a firm representing Strike King, indicated the patent number they thought pertained to your possible issue. In the design/function section you will see the possible infringement area. The firm probably is held on retainer that is essentially "fishing" for potential cases. Of course I am not a lawyer so who knows but I would imagine the claw area is the problem. Specifically the vertical/perpendicular portion on the outside appendage. In the patent it goes into some detail about areas labelled as 21,22,23, and 24 in the supplied figure. As many patents go they leave plenty of wiggle worm in describing the overall embodyment and design function but non the less. You either continue to sell and nothing happens as it is unmerrited or you will get a cease and desist letter. At this point you can either stop or keep going and take it to court to disprove the design you are selling does not infringe on the patent. Quote Link to comment Share on other sites More sharing options...
gonfishn Posted May 19, 2011 Report Share Posted May 19, 2011 Nope, it's a bunch a crap by a sue-happy firm that specializes in these suits. Patent Group, LLC is a well-known ambulance chaser when it comes to patent infringement suits. Also, it has nothing to do with the rage tail line, etc., it does infer erroneous patent claims re buss bait design etc. Essentially, what this bottom dweller firm does is examine all facets of a companies advertising re claims of patent protection. PG is claiming that Strike King and two other named companies are claiming patent protection which is non-existant or does not cover the utilitarian aspects of the bait to which they're laying claim to. It's nothing but a nuisance suit in which PG is hoping for an off-the-books settlement offer from the three companies it's sued in the Federal District Court in Texas. Of late there's been a bunch of this going on, last year it was Netbait who turned an Atlanta firm loose and threatened to sue everyone under the sun re patent infringement on their "tails" etc., trouble was, one of the big boys (BPS) didn't play and showed where they'd previously offered the same "claimed tails" for sale prior to the inception of the company (Netbait). Doesn't say much for Netbait, in my humble opinion. Quote Link to comment Share on other sites More sharing options...
Pitbull Baits Posted May 19, 2011 Author Report Share Posted May 19, 2011 (edited) The email is from a law office thats says they represents Strike King. I contacted strike King and they are checking into it. They said they would get back to me. I got the email around 8pm Central time. I started to think why it came so late in the eveing when the law firm is in the same time zone as me. So I just figured I would call Strike King to confirm that is their lawyers office to be safe and not someone trying to scam me or them. I told that I wanted to make sure it was a real email about this issue and they didn't blame me for looking into it. To be honest Strike King has been really nice about this. I think they understand where I am coming from on this about getting ripped off by someone. The law firm hasn't emailed me or called me back yet and I am waiting to hear from them also. Edited May 19, 2011 by Pitbull Baits Quote Link to comment Share on other sites More sharing options...
Vodkaman Posted May 20, 2011 Report Share Posted May 20, 2011 Nope, it's a bunch a crap by a sue-happy firm that specializes in these suits. Patent Group, LLC is a well-known ambulance chaser when it comes to patent infringement suits. Also, it has nothing to do with the rage tail line, etc., it does infer erroneous patent claims re buss bait design etc. Essentially, what this bottom dweller firm does is examine all facets of a companies advertising re claims of patent protection. PG is claiming that Strike King and two other named companies are claiming patent protection which is non-existant or does not cover the utilitarian aspects of the bait to which they're laying claim to. It's nothing but a nuisance suit in which PG is hoping for an off-the-books settlement offer from the three companies it's sued in the Federal District Court in Texas. Of late there's been a bunch of this going on, last year it was Netbait who turned an Atlanta firm loose and threatened to sue everyone under the sun re patent infringement on their "tails" etc., trouble was, one of the big boys (BPS) didn't play and showed where they'd previously offered the same "claimed tails" for sale prior to the inception of the company (Netbait). Doesn't say much for Netbait, in my humble opinion. I say good luck to them. It is in our interest to stop these big companies from claiming fictitious patent protection. If a design is not patented, then it is available for all to use. If a company slaps a patent number under the picture, we all shy away from it (rightly so). But if the patent was false or out of date, they have cheated us all and I am glad that someone is looking after our interests. Dave Quote Link to comment Share on other sites More sharing options...
