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***3:16 Knockoff scam alert***


Rubberdaddy
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Assuming his lure designs are trade marked, pursuing legal action would be extremely expensive. You're probably talking $350-$500 per hr. plus expenses.  Unless someone is producing fake baits by the hundreds or even thousands, it wouldn't be a wise financial decision. 

 

My daughter is an attorney and has some experience in these matters.  

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I'm not even sure one can patent something that is supposed to be a copy of something in nature. I don't know of any baits that are individually patented....maybe the concept like something truly original like a Chatterbait might be, I don't know. But certainly none of these baits....swimbaits are original baits, they may be unique as per the manufacturer but they are copies of something. Hey remember the rants about HPH and Bucca????? good times!!!!!...maybe the names are trade marked or copyright protected like Senko, chatterbait.......etc. I read an article in Tackle Retailer a few years back about people having to make copies 10% different than the original to avoid legal drama. I assume that is the truth.

STOP SAYING THIS!!!!!!!!!!!!! ​​The notion that you cant patent something from nature is completely wrong period!!!!!!! go ask ANY patent lawyer.

And yes many individual baits are patented. That's what design patents are for. You can also copyright your original artwork. Meaning an original sculpture. So if somebody molds your bait you can sue them with just a copyright which is easy to get compared to a patent. Utility patents cover how thing work. original designs and or ideas can be protected by different patents, trade marks and copyrights. the 10% is false to. If a jury or judge thinks somebody infringed then they loose period. All anybody has to do is call a patent lawyer and they will tell you all this. I believe when it comes to copyrights Mickey could get them now and they would protect his original artwork and he could go after anybody who molds his baits. 

 

I am also guessing this has very little to do with money. If the counterfitters main motivation was making money then he would most likely not be posting pics showing he is making fake baits. He also wouldn't be telling his potential customers  they are fake. If the guy was about making money he would be trying to pass them off as real 3:16's that have just been repainted to get top dollar. Since this guy is telling people they are his fakes I am thinking he is trying to purposely get at Mickey. I could be completely wrong but this is my interpretation of his actions. And before any of you even think to ask. NO I would not have anything whatsoever to do with this situation. I don't care why the guy copied Mickey, it's steeling and its wrong.

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STOP SAYING THIS!!!!!!!!!!!!! ​​The notion that you cant patent something from nature is completely wrong period!!!!!!! go ask ANY patent lawyer.

 

Relax home skillet, I merely said I didn't know if it can be done. You yelled at me and made me sad. Cyber bully. :mrgreen:

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Assuming his lure designs are trade marked, pursuing legal action would be extremely expensive. You're probably talking $350-$500 per hr. plus expenses.  Unless someone is producing fake baits by the hundreds or even thousands, it wouldn't be a wise financial decision. 

 

My daughter is an attorney and has some experience in these matters.  

 

I went through this myself, its not hardly worth the time, money, or effort after a few days.  Almost everything gets copied if there is demand for a product, its just a matter a time.  Most likely the best thing to do is to exploit your invention while its fresh and new.  Just look alibaba for instance, you can get hudd ripoffs cheaper than you can keitechs or basstriks.  While its not right, its only a matter of time before it gets copied, and trying to sue a fly by the night company that's copying your product that is based in another country is a whole different ballgame.

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Relax home skillet, I merely said I didn't know if it can be done. You yelled at me and made me sad. Cyber bully. :mrgreen:

I yelled because I have heard guys say it many many times before about the copying nature thing and its soooo wrong. Completely wrong! It doesn't matter how many times somebody posts this its still going to be wrong. I see it on all the lure building sites. They post it when they are justifying not getting patents. You just happened to be the latest guy to say it so you got the blunt of my cyber bullying :) Ok now I am relaxed

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I yelled because I have heard guys say it many many times before about the copying nature thing and its soooo wrong. Completely wrong! It doesn't matter how many times somebody posts this its still going to be wrong. I see it on all the lure building sites. They post it when they are justifying not getting patents. You just happened to be the latest guy to say it so you got the blunt of my cyber bullying :) Ok now I am relaxed

You guys who make baits would know better then the rest of us slugs. Now some of us know.....knowing is half the battle.

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It amazes me how someone will come rushing to an online forum to give one side of the story, without giving the other party the opportunity to explain or clear his position.

 

 

So is Mickey going to go figh whoever is knocking his baits off or what? Probably the best business decision imo

 

Possibly the worst action that could be made. With his past history, it would be a quick way to have no 316 lures at all.

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thank god someone said t.im so sick of the "its totally ok because everything is a copy of something" excuse.

 

Yes that is often used as justification to steel. The truth is there are new innovative ideas and products coming out all the time. However a lot of new ideas or products never make it because they suck, ha ha. Still there are always a few good ones that make it every year. There are also always a few good improvements that make it to.

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You guys who make baits would know better then the rest of us slugs. Now some of us know.....knowing is half the battle.

 

I knew very little until I went through the process and am patent pending on my new tail. I still only know a little but I see a lot of bad info posted about patents online

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I went through this myself, its not hardly worth the time, money, or effort after a few days.  Almost everything gets copied if there is demand for a product, its just a matter a time.  Most likely the best thing to do is to exploit your invention while its fresh and new.  Just look alibaba for instance, you can get hudd ripoffs cheaper than you can keitechs or basstriks.  While its not right, its only a matter of time before it gets copied, and trying to sue a fly by the night company that's copying your product that is based in another country is a whole different ballgame.

Sorry you had this problem yourself. I can only imagine the frustration. I had forgotten about the knockoff Keitech baits. Or, Gambler copied a bait from Japan, although their knockoff doesn't swim as well. 

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