Speed Worms

I just want to build and market fishing lures. Nothing fancy and I'm
not looking to get rich. I'm not even looking to innovate and set the
world on fire, just get paid a little for doing something I like and
that cotributes to a hobby that I enjoy. I will come up with my own
lure names, etc. I have never imagined building something and
claiming it was something else. I wasn't raised that way.

In order to build thse lures, I will, most likely be using components
from places like Jan's, Barlow's, Lurecraft, etc. I was just woried
that if I use their components and build up an inventory of let's say,
spinner baits, am I going to get a visit from a lawyer representing
Booyah?

Greg

There is a thing called "in the public domain", those things are not
patent enforceable. For example, you and I both carve out custom Mallard
duck decoys, they are both identical to a Mallard duck...either one of
us would have a hard time enforcing a patent on them. We could however
copyright a name "Joe's custom duck decoys"....but the words, custom,
duck, and decoys are considered in the public domain, and I could
copyright, J&M custom duck decoys.

So if you built a lure that imitated a "shad", no problem...you can't
patent the "shad" part. But if your's is manufactured in a unique
original manner, or has some original unique design, those
characteristics would be patentable....enforcement is a whole other ball
game though .

I certainly wouldn't be afraid to manufacture and sell lures that looked
like other companies lures....but I wouldn't incorporate any of their
patentable "uniquely original" features, nor use the unique name they
might use. You can't just patent a "frog", a "fish", or a
"worm"...unless of course you developed a unique hybrid (I believe there
are some (what ever that oriental carp is called) fish that are
patented...not sure).

This is just a layman's opinion based on several personal "infringement"
court battles I have had...and won, I might add . Both were copyright
infringement cases, probably much easier to address than patent claims
though.

JK