Venutian_Lures Posted July 23, 2015 Author Report Share Posted July 23, 2015 Be careful about naming names and making claims. You could find yourself being sued for defamation etc. Exactly why I'm not releasing names. There is a little deeper reason to it as well, and some details I have not released for several reasons. If I'm right about these other "details", then this situation is much more serious and it would rock the custom tackle industry. If I'm wrong...I might as well just go live on Mars. So I apologize if people are anxious to know or mad that I'm not saying who it is...but believe me it's for a good reason that I am keeping my mouth shut. 1 Quote Link to comment Share on other sites More sharing options...
Nathan Posted July 23, 2015 Report Share Posted July 23, 2015 I think we need to look at this two ways..as a civil case or a criminal case.Both are two different worlds.As Saltwater has pointed out..As a civil case you really don't have a case...Now as a retired Police Sgt...I can promise you that you would probably have a criminal case no matter what State you live in.If this individual is signing his ( her) work as you and attempting to pass themselves off as you..You have a fraud case..plain and simple...Now I'm sure this person probably lives in a different town than you..probably a different state..This is where the can of worms comes into effect...If I were you I would send the little bas#%#d a certified letter telling him to knock it off or your next call is to the District Attorney's office for fraud charges ...Nathan 3 Quote Link to comment Share on other sites More sharing options...
Vodkaman Posted July 23, 2015 Report Share Posted July 23, 2015 The intrigue is killing me - hope you keep us all informed of your progress. Good luck for a successful outcome. Dave 1 Quote Link to comment Share on other sites More sharing options...
Venutian_Lures Posted July 23, 2015 Author Report Share Posted July 23, 2015 I think I'm going to mix everyones advice together. Get my business name registered/trademarked if I can, send the certified letter...which hopefully takes care of it, and if it continues to negatively impact my business and reputation I'll take it a step further. Once again I'm not that concerned with the paint being copied, that can be set aside, but in conjunction with them being marketed with my name....grrr. 1 Quote Link to comment Share on other sites More sharing options...
bass100 Posted July 23, 2015 Report Share Posted July 23, 2015 Nathan is correct but there is a third way to look at it. You have the business side, the individual side (civil), and the criminal side and all three of these could cross paths. The only way to know all of your options is to go see a lawyer. The lawyer may tell you to just send a letter or he/she might tell you that you have a case or he/she might involve other parties that this individual is wronging. The first consultation will most likely be free, so you have nothing to loose by going and talking to one. Unless you have a lawyer that you have dealt with then I would talk to a couple. Good luck. 1 Quote Link to comment Share on other sites More sharing options...
Jdeee Posted July 23, 2015 Report Share Posted July 23, 2015 Nathan you are right about the fraud case. Knowing what you do about police procedures maybe you could help her out privately a bit by advising her the proper way to approach the police dept. it can be a really uncomfortable experience for someone who hasn't done it before. I have been told by one officer that my case was civil and then I moved on to another and he quickly proceeded with a criminal case, so it helps to feel confident in knowing how to approach the situation and the lingo that is needed to get their attention. Quote Link to comment Share on other sites More sharing options...
Nathan Posted July 23, 2015 Report Share Posted July 23, 2015 Jdeee, Pm's have been sent...Nathan 2 Quote Link to comment Share on other sites More sharing options...
Jdeee Posted July 23, 2015 Report Share Posted July 23, 2015 Your a good man : ) Quote Link to comment Share on other sites More sharing options...
bass100 Posted July 23, 2015 Report Share Posted July 23, 2015 Just get a free consultation appointment set up. I know dealing with a lawyer is scary but it is just a consultation and can give you peace of mind with what options you have. A free consultation is not billable and simply asking that before you make the appointment will give you peace of mind. 2 Quote Link to comment Share on other sites More sharing options...
Jdeee Posted July 23, 2015 Report Share Posted July 23, 2015 Went to a lawyers office quite a few years back. The old guy hit the vintage timer as I sat down, then proceeded to explain his fee structure by pausing 1 to 1 1/2 seconds between each word. LOL. After about a minute or so I got up and walked out. Quote Link to comment Share on other sites More sharing options...
Richard Prager Posted July 23, 2015 Report Share Posted July 23, 2015 Wherever these items are being sold as your work...contact these places, whether it's e-bay, or a group on Facebook and have them removed. End of story 2 Quote Link to comment Share on other sites More sharing options...
Popular Post Travis Posted July 23, 2015 Popular Post Report Share Posted July 23, 2015 Exactly why I'm not releasing names. There is a little deeper reason to it as well, and some details I have not released for several reasons. If I'm right about these other "details", then this situation is much more serious and it would rock the custom tackle industry. If I'm wrong...I might as well just go live on Mars. So I apologize if people are anxious to know or mad that I'm not saying who it is...but believe me it's for a good reason that I am keeping my mouth shut. Rock the custom tackle making industry.... I am beginning to think this is sort of like Geraldo opening Capone's safe. 5 Quote Link to comment Share on other sites More sharing options...
mohawkman Posted July 23, 2015 Report Share Posted July 23, 2015 Since I haven't read any horrible advice in this thread, I'll step in. Have you tried contacting your local mafia chapter? For a reasonable weekly protection fee, they'll take care of this problem and help you with any local competition. 2 Quote Link to comment Share on other sites More sharing options...
Vodkaman Posted July 23, 2015 Report Share Posted July 23, 2015 Inspired by Mo's post above - order 500, payment on delivery of half batch, then cancel the payment. Dave 4 Quote Link to comment Share on other sites More sharing options...
saltwater Posted July 24, 2015 Report Share Posted July 24, 2015 Time to call our super hero to action...Bait Man. Bait Man and his young side-kick Bait Boy will collar the arch criminal known as the Copy-Cat Rat. KAPOW BASH KABOOM Stay tuned to the same Bait day and the same Bait channel... 2 Quote Link to comment Share on other sites More sharing options...
JRammit Posted July 24, 2015 Report Share Posted July 24, 2015 I can tell everyone is home from work now, and enjoying refreshing beverages Comments are getting more entertaining☺ 1 Quote Link to comment Share on other sites More sharing options...
Venutian_Lures Posted July 24, 2015 Author Report Share Posted July 24, 2015 Lmao......well....that was entertaining.Well I spent the rest of my day yesterday dealing with this. Got a certified letter and had a brief meeting with a local lawyer. Everything is looking ok at this point, hopefully the letter is enough to do the trick. Quote Link to comment Share on other sites More sharing options...
Nathan Posted July 24, 2015 Report Share Posted July 24, 2015 Ok..I'm old enough that I actually watched the Batman TV show when it was new...While reading Saltwater's narrative..I had the Batman voice going on in my head..lol..and that was without a adult beverage!!!..Nathan 4 Quote Link to comment Share on other sites More sharing options...
Vodkaman Posted July 24, 2015 Report Share Posted July 24, 2015 Memories of Catwoman, and while we're in that era, Emma Peel - time for a cold shower! Dave 2 Quote Link to comment Share on other sites More sharing options...
Nathan Posted July 24, 2015 Report Share Posted July 24, 2015 Amen Vodkaman...She was Perrrrfect....sorry..I had to lol..Nathan Quote Link to comment Share on other sites More sharing options...
saltwater Posted July 24, 2015 Report Share Posted July 24, 2015 What about Bait Girl? Rumor has it she was a hooker... Get it? Bait Girl...Hooker Sorry people I had to do it.... 1 Quote Link to comment Share on other sites More sharing options...
nedyarb Posted July 24, 2015 Report Share Posted July 24, 2015 Sorry...but I think this whole thing is silly. I can see being upset if someone is signing your name on their lures. Other than that who cares. You cant claim that your paint job is one of a kind! Anybody can paint a lure whatever pattern they want Quote Link to comment Share on other sites More sharing options...
Venutian_Lures Posted July 24, 2015 Author Report Share Posted July 24, 2015 Sorry...but I think this whole thing is silly. I can see being upset if someone is signing your name on their lures. Other than that who cares. You cant claim that your paint job is one of a kind! Anybody can paint a lure whatever pattern they want I wouldn't expect you to be ticked then if I decided to take your business name and assume it as my own, then when people are filing claims against you because of it, don't be angry It wasn't about the mere copying of paint, as has been said many times before. It was identity theft to a degree. 1 Quote Link to comment Share on other sites More sharing options...
rcbv Posted July 25, 2015 Report Share Posted July 25, 2015 The identify theft is bad enough but did the attorney think the copying was serious? Quote Link to comment Share on other sites More sharing options...
Venutian_Lures Posted July 25, 2015 Author Report Share Posted July 25, 2015 The identify theft is bad enough but did the attorney think the copying was serious? Well, he thought the whole ordeal was serious, not the copying on it's own. He brought up knock-off purses as an example for the copying. So and so claiming this is Gucci, it says Gucci...but it's not really Gucci. If my business name hadn't been used and he wasn't trying to emulate me and my company and my product, he said I wouldn't have been able to do much about it unless I had copyright's in place. BUT, he did say you CAN get copyright's for intellectual property, ie; artwork. Even if legally nothing can be done about copy's (identity theft thing aside), I still personally believe ethically and morally it is wrong. Why call yourself a CUSTOM painter when you're just copying everyone else? That is my problem. You are not custom if you don't have your own designs! Just my two cents. 1 Quote Link to comment Share on other sites More sharing options...
