Speed Worms

I heard an interesting little rumor while at the Bassmaster Classic. It
seems that one company decided to get into the soft frog market and made one
that was really close to Horny Toads. Zoom had a "Cease and Desist" order
issued and production was stopped. However the company that wanted to sell
the frogs holds the patent on the speed worm tail design.

They in turn had a Cease and Desist order taken out for the Speed Worms by
Zoom.

I don't know if this is true for certain, but I did hear it from several
different sources. So, if you like Speed Worms, you might want to stock up
now while they're still available.
--
Steve @ OutdoorFrontiers
http://www.outdoorfrontiers.com
G & S Guide Service and Custom Rods
http://www.herefishyfishy.com

If that's the case, then there will be a bunch of fighting going on.

The Horny toad made by Zoom also uses the speedworm tail on it's legs. Not
sure if it's identical, but it sure is close.

Now you also have Mann's who uses a new frog with similiar legs. They also
use the tough heads which is something I thought up way before Mann's ever
used them( believe it or not). But who knows, they may have been designing
it for years. I think it will be so hard for anyone to issue a cease and
dissest order on something like that due to the fact that it can be modified
ever so slightly that it absolutely keeps any copyright infringement out of
the works.. me thinks at least.

Anyway, I love speedworms and always keep a huge supply of them on hand.
they produce many many fish.
"Steve @ OutdoorFrontiers" wrote in message
...
I heard an interesting little rumor while at the Bassmaster Classic. It
seems that one company decided to get into the soft frog market and made
one that was really close to Horny Toads. Zoom had a "Cease and Desist"
order issued and production was stopped. However the company that wanted
to sell the frogs holds the patent on the speed worm tail design.

They in turn had a Cease and Desist order taken out for the Speed Worms by
Zoom.

I don't know if this is true for certain, but I did hear it from several
different sources. So, if you like Speed Worms, you might want to stock
up now while they're still available.
--
Steve @ OutdoorFrontiers
http://www.outdoorfrontiers.com
G & S Guide Service and Custom Rods
http://www.herefishyfishy.com

OhioFishking wrote:

I think it will be so hard for anyone to issue a cease and
dissest order on something like that due to the fact that it can be modified
ever so slightly that it absolutely keeps any copyright infringement out of
the works.. me thinks at least.


That depends a lot on whether it's a design patent or a utility patent.
If the latter, the protection is pretty strong. It also protects against
modifications and adaptations that it 'teaches' to anyone 'skilled in
the art'.

But I believe the original patent was a design patent, so it may not
have as much stopping power. Its existence though, should negate Zoom's
claim.

Patent law is a funny thing though, and this one will likely come down
to who has the determination, endurance and pocketbook to outlast the
other in court.

"RichZ" wrote in message SNIP

Patent law is a funny thing though, and this one will likely come down to
who has the determination, endurance and pocketbook to outlast the other
in court.

That seemed to be the general consensus down in Birmingham too, but it might
make availability of speed worms a problem for a while. That's why I
thought I'd let people know to stock up until things get sorted out
--
Steve @ OutdoorFrontiers
http://www.outdoorfrontiers.com
G & S Guide Service and Custom Rods
http://www.herefishyfishy.com

Rich, you seem to be the layman patent guy, so I have a couple of questions:

1) What about all the lures that are virtually identical to the Senko?

2) What about a company like Lurecraft, which makes a mold for a Horny
Toad-like lure and even uses the Horny Toad name in its catalog?

http://www.lurecraft.com/catalog.cfm...ogs/5x821:1908


"RichZ" wrote in message
...
OhioFishking wrote:

I think it will be so hard for anyone to issue a cease and dissest order
on something like that due to the fact that it can be modified ever so
slightly that it absolutely keeps any copyright infringement out of the
works.. me thinks at least.


That depends a lot on whether it's a design patent or a utility patent. If
the latter, the protection is pretty strong. It also protects against
modifications and adaptations that it 'teaches' to anyone 'skilled in the
art'.

But I believe the original patent was a design patent, so it may not have
as much stopping power. Its existence though, should negate Zoom's claim.

Patent law is a funny thing though, and this one will likely come down to
who has the determination, endurance and pocketbook to outlast the other
in court.

Marty wrote:
Rich, you seem to be the layman patent guy, so I have a couple of questions:

I'm not Rick, but I know patent law better than most, as I deal with it
daily

1) What about all the lures that are virtually identical to the Senko?

Gary never filed for a patent on the Senko, he didn't think it was worth
one,, it took 6 years of almost zero sales before the Senko took off,
then it was too late to file for a patent.

2) What about a company like Lurecraft, which makes a mold for a Horny
Toad-like lure and even uses the Horny Toad name in its catalog?

They "could be" in some AWESOME trouble, (there is patent case law where
you can't instruct, or provide assistance to anyone for the purpose of
infringement) if Zoom goes after them,, there again they could have
invented the thing for Zoom, and part of the deal is to allow them to
sell the molds to individuals, or they could have even licensed the
design from Zoom, as Zoom knows less than 1/10 of a percent of fishermen
mold their own lures, or Zoom just does not think it's worth the effort
to go after them. Of course Zoom may not even know about Lurecraft and
their catalog.

Using the "name" Horny Toad, violates Zoom's Trade Mark, unless they
have permission


--
Rodney Long,
Inventor of the Mojo SpecTastic "WIGGLE" rig, SpecTastic Thread,
Nutri Shield insect repellent. ,Stand Out Hooks ,Stand Out Lures,
Mojo's Rock Hopper & Rig Saver weights, and the EZKnot
http://www.ezknot.com

On Sun, 4 Mar 2007 11:19:59 -0600, "Steve @ OutdoorFrontiers"
wrote:


"RichZ" wrote in message SNIP

Patent law is a funny thing though, and this one will likely come down to
who has the determination, endurance and pocketbook to outlast the other
in court.

That seemed to be the general consensus down in Birmingham too, but it might
make availability of speed worms a problem for a while. That's why I
thought I'd let people know to stock up until things get sorted out
Yeah you ****ing spammer.......stock up folks from my spam
site.....here`s the link.........By golly!!

What does this mean for someone who wants to start a lure-making
business. If they build up an inventory of lures that look like a
brand name, are they going to get hit with patent infringement
lawsuits until they go under?



2) What about a company like Lurecraft, which makes a mold for a Horny
Toad-like lure and even uses the Horny Toad name in its catalog?

They "could be" in some AWESOME trouble, (there is patent case law where
you can't instruct, or provide assistance to anyone for the purpose of
infringement) if Zoom goes after them,, there again they could have
invented the thing for Zoom, and part of the deal is to allow them to
sell the molds to individuals, or they could have even licensed the
design from Zoom, as Zoom knows less than 1/10 of a percent of fishermen
mold their own lures, or Zoom just does not think it's worth the effort
to go after them. Of course Zoom may not even know about Lurecraft and
their catalog.

"Greg Lumpkin" wrote in message
oups.com...
What does this mean for someone who wants to start a lure-making
business. If they build up an inventory of lures that look like a
brand name, are they going to get hit with patent infringement
lawsuits until they go under?


Look and feel lawsuits are tough to win, but they can still eat you up with
legal costs. Microsoft is very good at this type of tactic.




--
Posted via a free Usenet account from http://www.teranews.com

Greg Lumpkin wrote:
What does this mean for someone who wants to start a lure-making
business. If they build up an inventory of lures that look like a
brand name, are they going to get hit with patent infringement
lawsuits until they go under?


If they build lures that are under "active" patents, the answer is yes,
and only "one" lawsuit, on just one lure, will put them under. Most new
lure companies are based on their own "new" lure designs, they can't
compete with the major companies, why try to, unless you can sell
something they can't ?

What if you come up the the be all catch all lure, you file for a patent
to "protect" your lure from others profiting from it (cost you thousands
to get that patent issued), after all, your the one who came up with it.
and start a little company making them, it is very hard to get your lure
into stores, because they don't know you or your company. Then Zoom ,
who is heavily in the market, they knock off your design and make
millions from all "your" work. You sell very few because you just could
not compete with Zoom's marketing.

This is why we have a patent system, so that inventors can profit from
their work.

Companies "must" go after "all" infringer's of their patents, even if
the little guy can't hurt them in the market, if they don't go after
them or license to them, then the BIG companies can freely make and sell
their patented items, they can claim that company number one is not
defending their patent, thus it is public domain (case law has been made
on this , you can't selectively go after infringer's, you just can't go
after those with deep pockets, you must go after "all" infringer's, or
you could loose your patent rights)


--
Rodney Long,
Inventor of the Mojo SpecTastic "WIGGLE" rig, SpecTastic Thread,
Nutri Shield insect repellent. ,Stand Out Hooks ,Stand Out Lures,
Mojo's Rock Hopper & Rig Saver weights, and the EZKnot
http://www.ezknot.com