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RSNeely

So........

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I don't think Blakemore ever patented the head style which is why Do-it has it and they've had it a long time. I'd love for them to make a fish head spin like a swarming hornet, I have irons in the fire now with a few mold makers to get one done, just waiting for the last 2 quotes.

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Similar to a design patent, trademark protection can include the shape or design of a product. Joe Hall, president of Blakemore Lure Company, Inc., trademarked his famous spinnerhead jig called the Road Runner. He was subsequently challenged in court by other manufacturers. Challengers said the Road Runner should have a utility patent rather than a trademark.

Ironically, Hall set out to prove the opposite of what he would have to prove had he obtained a utility patent: that shape had nothing to do with function, rather than the other way around. “We were challenged twice,” Hall said. “But we were ready. We made another lure with a spinner attached to the head that had a different shape. It performed the same function as the Road Runner, which helped us maintain the validity of our trademark.”

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Similar to a design patent, trademark protection can include the shape or design of a product. Joe Hall, president of Blakemore Lure Company, Inc., trademarked his famous spinnerhead jig called the Road Runner. He was subsequently challenged in court by other manufacturers. Challengers said the Road Runner should have a utility patent rather than a trademark.

Ironically, Hall set out to prove the opposite of what he would have to prove had he obtained a utility patent: that shape had nothing to do with function, rather than the other way around. “We were challenged twice,” Hall said. “But we were ready. We made another lure with a spinner attached to the head that had a different shape. It performed the same function as the Road Runner, which helped us maintain the validity of our trademark.”

 

 

That was a great read, but then how does Do-it get away with making a mold for that? I know they had the Erie Dearie and it ended up being taken off the market, I mean all the jargon and language is confusing and from what I've read on the subject, it makes it so expensive and time consuming that I can see why a lot of things don't get a patent.

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Do-it has a special notice in their catalog about the horse head jig. It basically says lures of this shape were made before the roadrunner and they don't feel the trademark can be valid. Use the mold at your own risk and selling the lures could involve legal action against you.

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