basshunter5 Posted January 19, 2013 Report Share Posted January 19, 2013 Hey guys after the recent zoom threat over the ccm bait I am a little nervous about selling several of the baits I have. Mainly the 4" cl mold baits from del and also the 4" shz mold baits since they are extremely close to the actual baits made by zoom and berkley. I asked this question on dels forum with no response as of yet so any help would be greatly appreciated I really love this baits and molds and would love to keep them but its def. Not worth a lawsuit. Please help thank you. Quote Link to comment Share on other sites More sharing options...
Anglinarcher Posted January 22, 2013 Report Share Posted January 22, 2013 I know a Patent Attorney. The name will remain unwritten and the person will never represent me, but he/she did make a rather terse comment that I think applies to the Patent Law problem we have. Patent Justice goes to the one with the most money! I am convinced that if I was clever enough I could get a patent on the wheel even today, and with sufficient funds, I could bully most people into paying me for the rights to it. Bob of course is correct, but unless you have a Patent Attorney look into it as well, your common sense understanding of the English Language is not the same as a Legal Definition. Even then, a good Lawyer for the plaintiff will bleed you dry, win or lose, postponements, venue relocations, questionable expert witnesses, etc., just to prove his point. Having said that; Zoom HAS made their point. For all of you guys that sell lots of lures, you will be looking over your backs for a long time now. It has made me consider up-scaling myself. So, was it worth their money? 1 Quote Link to comment Share on other sites More sharing options...
carolinamike Posted January 22, 2013 Report Share Posted January 22, 2013 basshunter, Bob is giving you some very good advice and Anglinarcher has made a very good point. But I think another way to handle this is to ask the moldmaker. If he assures you that the mold is not in infringment, then ask him to back it up with a refund in case there's any problems. And also ask him if he's had it checked with a patent attorney if he says it's ok to sell (that is if you have concerns about it being legal). If you don't get an answer that makes you feel good, then by all means stay away from selling the bait. It should be the moldmaker's responsibility and not the customer's, unless it's a mold you've had custom made. Quote Link to comment Share on other sites More sharing options...
basskat Posted January 22, 2013 Report Share Posted January 22, 2013 Or just sale them until you get a letter. They'll give you fair warning before going to court. 1 Quote Link to comment Share on other sites More sharing options...
Anglinarcher Posted January 22, 2013 Report Share Posted January 22, 2013 Or just sale them until you get a letter. They'll give you fair warning before going to court. If you already have the mold, then this advice is what I would suggest. If not, then carolinamike is probably the best one to follow. 1 Quote Link to comment Share on other sites More sharing options...
yoda Posted January 23, 2013 Report Share Posted January 23, 2013 those designs have been out for quite some time haven't they? I would think something would have been posted by now. Quote Link to comment Share on other sites More sharing options...
EdL Posted January 23, 2013 Report Share Posted January 23, 2013 (edited) What about just selling a bag with a hook and weight and include " free" baits. The 'pricing' should reflect the value of the bag and hook and work packaging them. You're not selling baits right as your giving them away. So how can they call you out as selling baits you make and give away. Just sayin.... Isn't this how those do-dads they sell on TV for cheap and don't say how much shipping and handling work???? Edited January 23, 2013 by EdL Quote Link to comment Share on other sites More sharing options...
DaveMc1 Posted January 23, 2013 Report Share Posted January 23, 2013 What about just selling a bag with a hook and weight and include " free" baits. The 'pricing' should reflect the value of the bag and hook and work packaging them. You're not selling baits right as your giving them away. So how can they call you out as selling baits you make and give away. Just sayin.... Isn't this how those do-dads they sell on TV for cheap and don't say how much shipping and handling work???? If the bait that is copied is patented, then just the act of copying them is grounds for suit, does not make a difference if you are selling them or giving them away. Quote Link to comment Share on other sites More sharing options...
EdL Posted January 23, 2013 Report Share Posted January 23, 2013 There you go. Now just convince the overseas producers of copies. Quote Link to comment Share on other sites More sharing options...
DaveMc1 Posted January 23, 2013 Report Share Posted January 23, 2013 they would need to file a patent in the country that the copies are being produced prior to them being copied. Quote Link to comment Share on other sites More sharing options...
Smallie Posted January 24, 2013 Report Share Posted January 24, 2013 If the bait that is copied is patented, then just the act of copying them is grounds for suit, does not make a difference if you are selling them or giving them away. Or even using them for personal use - You are creating lost revenue for the patent holder. Quote Link to comment Share on other sites More sharing options...
