Venutian_Lures Posted July 22, 2015 Author Report Share Posted July 22, 2015 If you can prove that his customers are buying the product because they think it is done by you then you have a very strong legal case and can receive some if not all of the profits he has made as well as the cost to repair your good name if he has tarnished it in any way. Simply tell a lawyer that you will not pay anything but anything he gets he can keep. You would be surprised how hard they will work for you when you do that. Secondly if he is not legit then a court case gets even easier. Being copied is part of the game but if someone sold products using my name then a court case is immenent. So far I've had 2 confirmed people come to me about it thinking they were done by me, one of which initially tried to file a paypal claim through me...but obviously it was settled because I have no records of selling to them ever and it was taken care of. It was just a pain in the rear to sort through that mess and try to explain to angry people that they got duped! Quote Link to comment Share on other sites More sharing options...
bass100 Posted July 22, 2015 Report Share Posted July 22, 2015 I would go sit down and talk to a lawyer. The initial consultation is free with most lawyers. This is something that I would not let slide regardless of how old he is. If you work hard to build your reputation and product then you should work hard to defend it. Good luck and keep us posted. 1 Quote Link to comment Share on other sites More sharing options...
jonister Posted July 22, 2015 Report Share Posted July 22, 2015 Maybe you should post the website, i understand if you dont want to, but i just want to look at the work/brands that have been ripped. it would also act kinda as a shameing for him and might get him to stop, but again if you dont i would totally understand. Besides im not sure if that is company slander or not.? Quote Link to comment Share on other sites More sharing options...
Nathan Posted July 22, 2015 Report Share Posted July 22, 2015 I'm with Ben..send a certified letter!!..Nathan Quote Link to comment Share on other sites More sharing options...
saltwater Posted July 22, 2015 Report Share Posted July 22, 2015 There is no argument here, your lawyer will tell you that you don't have a case. This is true for the hobbyist as well. You don't own the right to your work so if you sell it or give it away you relinquish any control over it. It becomes public property and anyone can claim it as their own. They can even register a copyright of your work and then stop you from selling your own work. The same is true for the name of your business. If you place the name of your business onto the public domain and you don't own it, you give it away. In fact, you don't own your own name. If you don't show ownership for your own name, anyone can legally take it and own it themselves. This also applies to what you write, say or show. All I can do is urge you to register a copyright for your artwork with the U.S. Government and it will be placed in the Library of Congress for everyone to see that you produced it. All I can do is urge you to file a trademark for you business and anything else that you want to claim ownership of. Me? I take the time to fill-out the form and pay then the $35.00 fee. Just my advice.... 1 Quote Link to comment Share on other sites More sharing options...
rcbv Posted July 22, 2015 Report Share Posted July 22, 2015 There is no argument here, your lawyer will tell you that you don't have a case. This is true for the hobbyist as well. You don't own the right to your work so if you sell it or give it away you relinquish any control over it. It becomes public property and anyone can claim it as their own. They can even register a copyright of your work and then stop you from selling your own work. The same is true for the name of your business. If you place the name of your business onto the public domain and you don't own it, you give it away. In fact, you don't own your own name. If you don't show ownership for your own name, anyone can legally take it and own it themselves. This also applies to what you write, say or show. All I can do is urge you to register a copyright for your artwork with the U.S. Government and it will be placed in the Library of Congress for everyone to see that you produced it. All I can do is urge you to file a trademark for you business and anything else that you want to claim ownership of. Me? I take the time to fill-out the form and pay then the $35.00 fee. Just my advice.... Good advice if there is any possibility of it becoming a legal issue. From copyright.gov "Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work." Quote Link to comment Share on other sites More sharing options...
bass100 Posted July 22, 2015 Report Share Posted July 22, 2015 I disagree with some on here and think that you have a legal case but the only way to know for sure is to sit down and talk to a lawyer. When you do let us know what happens, if you can. Quote Link to comment Share on other sites More sharing options...
saltwater Posted July 22, 2015 Report Share Posted July 22, 2015 No rcbv, that is completely wrong. Sorry but, you are giving totally wrong advice. A copyright exists when it is registered with the government. It must be registered and the mark shown before any presentation to the public. That is how a copyright works. If you don't have a registered copyright you can't bring a lawsuit. A copyright is not given when a work is created, a copyright is created when it is granted to you. It is as simple as that. Quote Link to comment Share on other sites More sharing options...
Jdeee Posted July 22, 2015 Report Share Posted July 22, 2015 (edited) I agree with bass100. The fact that this person is using your identity and name as his own is the main issue here. He can and is ruining your reputation and that is illegal and immoral. Usually jokers like this are only out for the money and really don't care about quality and even less about your business and reputation. At the very least send a reg letter for him to cease any and all further actions immediately or legal action will be imminent. PERIOD. If you can prove that he is using your company name you could possibly call the police dept in his area and see if you can press fraud charges, because he is fraudulently using your name to fool other people. Nothing more will scare the crap out of a jerk like this than a knock on the door by the cops. I was able to press fraud charges once for something similar. Also eBay will ban him if you can prove that he is using your identity. Have fun : ) it's all part of running a business. Edited July 22, 2015 by Jdeee Quote Link to comment Share on other sites More sharing options...
saltwater Posted July 22, 2015 Report Share Posted July 22, 2015 (edited) Gee Whiz, what part of "you can't bring a lawsuit for something you don't own" do you not understand? Stealing an identity is not the same as stealing a name. I give-up, I tried but failed. I'm done with this topic, good luck. Edited July 23, 2015 by saltwater Quote Link to comment Share on other sites More sharing options...
Jdeee Posted July 23, 2015 Report Share Posted July 23, 2015 You own your Company name. If your name is a Legal registered company name and someone is using it to fraudulently fool people into thinking that they are buying your product THAT IS ILLEGAL on many fronts. Just ask any two bit Lawyer. Quote Link to comment Share on other sites More sharing options...
Jdeee Posted July 23, 2015 Report Share Posted July 23, 2015 Saltwater it is a Corperate Identity that I speak of as name. You give up too easily ; ) Quote Link to comment Share on other sites More sharing options...
saltwater Posted July 23, 2015 Report Share Posted July 23, 2015 (edited) No kidding Jdeee, except, a registered company name is registered by the state. Not anything like a copyright from the United States Government or the rest of the world for that matter. So it is you who can, " ask any two bit lawyer", and I suggest you do just that before you give advise on this subject. Just jerking your chain, LOL But really people should refrain from giving advise on a subject that they don't know anything about. I'm sure you agree with me. Edited July 23, 2015 by saltwater Quote Link to comment Share on other sites More sharing options...
rcbv Posted July 23, 2015 Report Share Posted July 23, 2015 No rcbv, that is completely wrong. Sorry but, you are giving totally wrong advice. A copyright exists when it is registered with the government. It must be registered and the mark shown before any presentation to the public. That is how a copyright works. If you don't have a registered copyright you can't bring a lawsuit. A copyright is not given when a work is created, a copyright is created when it is granted to you. It is as simple as that. I think the OP should speak with an attorney and see if they think it's worth sending a cease and desist letter. Here is an excerpt from the U.S. government copyright web page which is pretty clear, although I agree with you about registering: When is my work protected? Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device. Do I have to register with your office to be protected? No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.” Quote Link to comment Share on other sites More sharing options...
Jdeee Posted July 23, 2015 Report Share Posted July 23, 2015 (edited) Sorry my mistake you guys in the USA are not protected by federally charted corps anymore. Too bad for you. Anyway the company name still belongs to you and proceedings can be taken against someone who infringes on your interests and income by pretending to be your company. Edited July 23, 2015 by Jdeee Quote Link to comment Share on other sites More sharing options...
saltwater Posted July 23, 2015 Report Share Posted July 23, 2015 Here again we have the wrong advise. If you think you automatically have a copyright from the moment your art it is created, guess again. A copyright must be registered. Other wise what is the purpose of a copyright? A work of art is copyrightable when it is created. But, do what you want to do, good luck. I guess thirty years as an artist and inventor means I don't know what I'm talking about... Quote Link to comment Share on other sites More sharing options...
Jdeee Posted July 23, 2015 Report Share Posted July 23, 2015 Up here when you federally charter your company name it is 100% protected against anyone else using it in the same type of business across the country. Quote Link to comment Share on other sites More sharing options...
JRammit Posted July 23, 2015 Report Share Posted July 23, 2015 I currently have 1 bait that is an original design, 1 true "knock off" and the rest are legit Lucky Craft's, Mega Bass etc. The only reason I bring it up is because of the fact it is having a negative impact on my business, otherwise I would have probably just brushed it under the rug and forgotten about it. I was contacted about refunding baits that I never touched, and someone tried to file a paypal claim against me for the baits that are being marketed as me, that aren't me. I just don't want it to happen again because it was a headache and a half to deal with. Saltwater... I believe you know what youre talking about, you are giving honest advice on a subject you are farmiliar with... I still dont like it But i do like analogies Lets assume some kid shows up at our door offering to mow our lawn... He says his name is "Rufus" and claims to mow all the lawns on our block.. We ask around and find out "Rufus" has an outstanding reputation in the neighborhood We pay "Rufus" up front... "Rufus" shows up the next day while we are at work.. We come home to find patches of tall grass in the front, and the back hasnt been touched... Plus our wifes cat is mysteriously missing half its tail We call everyone in the neighborhood and tell them to boycott "Rufus".... Weeks later, we find out Rufus is a 50 year old man who had a small landscaping business and did EXCELLENT work!... But mysteriously lost half his customers.. And found half of a cats tail in his mailbox one morning So now V-lures could be in the same boat as poor ol Rufus...... I dont like it! Quote Link to comment Share on other sites More sharing options...
saltwater Posted July 23, 2015 Report Share Posted July 23, 2015 I have been down this road before, both coming and going. I have had people claim that I have stolen their intellectual property when I did not and others who have stolen my intellectual property and they claimed they did not. So I have been there and done that. All I can do is share my experience. I too, don't like it but, it is a reality. All I can only advise to do what you can to protect your intellectual property, no matter what the know it all's who don't know it all claim to know. Quote Link to comment Share on other sites More sharing options...
Venutian_Lures Posted July 23, 2015 Author Report Share Posted July 23, 2015 (edited) Wow, I came back to lots of different sides. I appreciate everyone's take on the matter.My question is, if I were to apply for a copyright, would I have to do it on every single pattern? If so...damn. I've got wayyyyyyyyyyyyyyyy too many patterns to do that. But again as I stated, my main concern was with my name being thrown around loosely and my reputation being muddied by this. I'm assuming for it to have any legal grounds, I would have had to have the copyrights and trademark in place BEFORE this occurred? I'm really not too familiar with court proceedings, civil suits and everything else like that. Jonister, I would reveal names only if they gave me attitude back and continued to act in this way after being confronted. I don't like to throw people under the bus if I can help it, even though in this case it may be needed if nothing can be done legally. Edited July 23, 2015 by Venutian_Lures Quote Link to comment Share on other sites More sharing options...
osutodd Posted July 23, 2015 Report Share Posted July 23, 2015 I don't think you could get any legal protection for a particular pattern or color. Look how many companies copied "sexy shad". If that were possible, Strike King would be taking everyone to court. Getting protection for your company name or maybe even the name of a color would be entirely different matter. But, I think it would have to be done before you could take legal action. Quote Link to comment Share on other sites More sharing options...
bass100 Posted July 23, 2015 Report Share Posted July 23, 2015 There isn't a case for anyone copying your work. However, you are a legal business and you do have rights and you should exercise them. Don't let anyone tell you otherwise. Go see a lawyer. Quote Link to comment Share on other sites More sharing options...
saltwater Posted July 23, 2015 Report Share Posted July 23, 2015 Venutian, oustodd makes a good point. For a copyright, trade mark or patent your work must be unique, that is it can't be like any other. Just because you seek protection it doesn't mean you will be granted protection. The process requires you to submit your work and it will be reviewed and compared by an agent to other similar works by others. If your work is similar or indistinguishable from another you will not be granted protection. If you build and paint an exact copy of a real perch you will not be granted protection because it is not unique. However, if you use a unique process, use a unique material, add a unique part or novel motion to your perch, chances are you can be granted protection. Of course other works like a painting of a perch, that is different from another painting of a perch that is a totally different matter. Your pattern, paint palette etc. must be unique. As far as having a great number of patterns and paint schedules, you can group them together as a set or series. As for the comment, "you are a legal business and you do have rights", try naming your restaurant McDonald's and see what happens, even if your last name is McDonald. Even if you have a, "legal business" what ever that is... I do use lawyers that are specialized in copyright, trademark and patent. I have no affiliation but I use LegalZoom.com, they are competitively priced and easy to work with. For a copyright on a work of art they charge $114.00 plus $35.00 for the Govt. fees. They will also stand by you for litigations etc. Quote Link to comment Share on other sites More sharing options...
joetheplumber Posted July 23, 2015 Report Share Posted July 23, 2015 (edited) If possible I would like to know who this person is, I imagine several folks up here with a lure business would like to know. Edited July 23, 2015 by joetheplumber Quote Link to comment Share on other sites More sharing options...
saltwater Posted July 23, 2015 Report Share Posted July 23, 2015 Be careful about naming names and making claims. You could find yourself being sued for defamation etc. 1 Quote Link to comment Share on other sites More sharing options...
