Delw Posted August 25, 2003 Report Share Posted August 25, 2003 Seems yamamoto's lawyers are sending out certified letters to some of the guys that sell them on the internet. The way one of the letters is worded( it was read over the phone to me) you cant even say the word senko anywhere with out written permission. Ie you cant say " looks like senkos" " falls slower than a senko" "has more/less salt than a senko" etc. I dont see how this can be cause you see commercials where people compare coke to pepsi jack in the box to wendy's etc. Just thought I would let you know. There name is trademarked (senko is) this could be just a scare letter also, I dont know if it would hold up in court or not, maybe some of you guys that are smarter in the law field would know more. Delw Quote Link to comment Share on other sites More sharing options...
alsworms Posted August 25, 2003 Report Share Posted August 25, 2003 I guess Yamamoto is hurtin' for money, eh??? That really gets my goat. There are some awesome senko replicas out there, but Yamamoto will never have to worry about competition. Quote Link to comment Share on other sites More sharing options...
dtrs5kprs Posted August 25, 2003 Report Share Posted August 25, 2003 Ah, how well I remember my certified letter from the Gene Larew folks re: salt. I sent them an honest answer and never heard back. Have seen a bunch of the ads for folks knocking off the senko, think I would heed the advice and eliminate any references to the name. Call it a stick worm, pen worm, or what have you...but steer clear of the f***ing lawyers. Quote Link to comment Share on other sites More sharing options...
Gr8flyz Posted August 25, 2003 Report Share Posted August 25, 2003 The real question is do you have the money to fight a legal battle in court, right or wrong! If you pay close attention to any ad that makes a comparison to other brands, it's always a comparison that exhibits a 3rd party opinion or a scientifically measured fact and there is always the disclaimer about the logo or trademark owned by the other company. It's all in the wording, and ads are usually scutinized by legal departments before they're put out to the public. But, unless you're prepared to fight a legal battle, and cover the cost, it's probably best not to test Yamamoto's letter. Quote Link to comment Share on other sites More sharing options...
Tubeman Posted August 26, 2003 Report Share Posted August 26, 2003 Well Del, you finally motivated me to update my site. I think renaming senkos to your own original name can actually benefit you in the long run. We chose "Quiver Sticks" because the action imparted via the ultra soft plastic and salt. I removed all wording involving Yamamoto directly, better safe than sorry. Thanks! Quote Link to comment Share on other sites More sharing options...
earthworm77 Posted August 27, 2003 Report Share Posted August 27, 2003 I hope it costs them millions to scare off the little guys. Ridiculous. Do they really think that all of the small guys can compete anyway? Quote Link to comment Share on other sites More sharing options...
earthworm77 Posted August 27, 2003 Report Share Posted August 27, 2003 It would be funny if people started saying....falls just like Gary Yamamotos famous bait! That would really get them angry I'm sure. Quote Link to comment Share on other sites More sharing options...
overkill Posted September 5, 2003 Report Share Posted September 5, 2003 Just thought I would throw my two cents in. Lets remember that Yamamoto is a business owner just like some of us. If you just created a killer bait that caused such a national stir like the senko has, You wouldn't want everyone trying to copy it either. I am not saying you shouldn't make your own version, Just put your self in his shoes for a minute Quote Link to comment Share on other sites More sharing options...
SeminoleFan Posted September 9, 2003 Report Share Posted September 9, 2003 Looks like he wasnt the first to patent the word Senko http://tess2.uspto.gov/bin/showfield?f=toc&state=esm0mp.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl%7E%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=senko&p_tagrepl%7E%3A=PARA2%24COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query Rick SeminoleFan Quote Link to comment Share on other sites More sharing options...
alsworms Posted September 9, 2003 Report Share Posted September 9, 2003 Hey Rick, I know that the definition of "senko" is a Japanese word for great antiquity (ancient) / eternal or everlasting. By law, that name cannot be patented. That would be like you or me patenting the word "worm"! Anyone please correct me if I'm wrong, but Yamamoto's beef is the style in which it is made, giving it the name "senko"??? Chris Quote Link to comment Share on other sites More sharing options...
SeminoleFan Posted September 9, 2003 Report Share Posted September 9, 2003 Hey Chris, this is what I pulled off the USPTO.GOV below. I agree with you on that he cant trademark that, although is it possible he can trademark his own version on what Senko means> (a glint of light)?? wow. Word Mark SENKO Translations The mark is translated as "a glint of light". Goods and Services IC 028. US 022 023 038 050. G & S: fishing lures. FIRST USE: 19970303. FIRST USE IN COMMERCE: 19970303 Mark Drawing Code (1) TYPED DRAWING Serial Number 76285467 Filing Date July 16, 2001 Published for Opposition November 27, 2001 Registration Number 2540422 Registration Date February 19, 2002 Owner (REGISTRANT) Gary Yamamoto Custom Baits, Inc. CORPORATION ARIZONA 849 South Coppermine Rd. Page ARIZONA 86040 Attorney of Record BRIAN J. HUBBARD Type of Mark TRADEMARK Register PRINCIPAL Live/Dead Indicator LIVE Quote Link to comment Share on other sites More sharing options...
Gr8flyz Posted September 9, 2003 Report Share Posted September 9, 2003 I believe the word "Senko" can be legally trademarked in the US. It's not a word found in the english language therefore cannot be defined. It is however a word from the Japanese language, and has common meaning in Japan. If we knew nothing of the Japanese language, the word "Senko" would have no meaning in English. In English the meaning is a translation, but the word "Senko" could be a title or product name as in the case with Yamamoto. Yamamoto simply applied a non english name to his product, which can be legally trademarked. Fortunately our trademark laws apply to words in English, not Japanese unless they become in such common use in English that they would be generally accepted as part of the English language. Common words in English cannot be trademarked, but common word phrases can, example "Just Do It", "Power Pro", etc. I have to agree that if I had a lure that worked as well as a Senko, and trademarked a name for it that has become widely recognized as that lure, I don't think I would want anyone else infringing on it. That's just good business like it or not. Quote Link to comment Share on other sites More sharing options...
SeminoleFan Posted September 10, 2003 Report Share Posted September 10, 2003 I totaly agree with you Jim ! Rick SeminoleFan Quote Link to comment Share on other sites More sharing options...
