Hi, I am currently testing a new type of grub. My friends use it and like it alot, they suggest my to "sell" the idea to cabelas or basspro. So how does one go about doing that?
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Hi, I am currently testing a new type of grub. My friends use it and like it alot, they suggest my to "sell" the idea to cabelas or basspro. So how does one go about doing that?
I do not know. I sent both companies several fishing product ideas only to see they can change one tiny detail and market it as their own. Case in point was "The Poor Man's Fishing Bucket," I protected the drawings through the library of congress too. Both it and the Carterlee worm incubator ideas were stolen and two years later I saw them in stores. My advice is to contact a patent attorney before you submit any ideas. Patents and licensing can be quite pricey.
I knew it. forget about it then.
Do two things before you tell a soul about anything new. 1. Get a trademark and list ALL fishing lures made by you and all names of fishing lures made by you; 2. Get an internet copyright on the lure's name and then go back and amend the trademark to include this lure specifically by name and have a very specific technical drawing of said lure copyrighted and registered under the trademark. Then find an attorney. Expect to pay out in five figures when all is said and done.
Basically it doesn't pay to go thru a patent process. By the time you would get a patent the bait will be copied and rehashed a hundred different ways. If you own the lure thru a trademark and copyright, you can sell the design and nobody can copy the design. Keep in mind that only 19% of any product has to be changed to get past even patent laws, so.....
It takes money to make money..........hard to get around it. Start your business in your garage, time, sweat and dedicated effort. About the only
way left to get-r-done. If your best friend had a lure business, you might just stand a chance. Good luck to ya. Just cause it's hard don't mean it's
impossible.
This is some great advice CTom. I learned the hard way from experience that designs and ideas are easily stolen from you.Quote:
Originally Posted by CTom
Doing these two things keeps everyone honest, in a sense. In now way is it a patent, however it is setting a time-line and if it ever gets to where, like you Ship, somebody decides to take what you have done and run with it you have solid evidence that will stand in any court that you were in the door with the idea first. That can be a huge issue.
To expand on this done in this way even more, you can claim a "poor man's patent" easily. Once evrything is registered with your trademark and copy rights have been set, you can write a letter to yourself basically only address it to your trademark name. In the letter simply make an "offer" to buy the bait from the trademark and along with a trasfer of the related copyrights for a dollar, being certain to include the dollar. Take it to the post office and mail it. When this letter arrives to your door, open it, copy it including the envelope front, the letter and the dollar three times.
Write another letter, this time as the representative/owner of the trademark, agreeing to the sale and purchase price and showing the reciept of the dollar. Make all the transfers of the trademark from the trademark nemt to your own name not stating any business affiliation....you just bought a registered idea as a private individual. Once all of the transfers are complete you get three copies of each. You mail a copy of each transfer along with one of the copies of your initial letter and the letter agreeing to the sale that you wrote in response and simply address it from the trademark name to yourself. Take it to the post office and mail it. When this arrives, simply copy everything including the envelope and each sheet inside three times and it yours.
You want to be certain to have adequate copies so I suggest three of everything every time a letter is opened and/or sent. Each letter should be saved along with copies of everything inside it. In the end you'll want to have all of the original items done, in calandar order from beginning to end, saved in a safe or in a bank safety deposit box. Keep exact copies of whats in the bak in at least two places at home where they can stay safe.
Doing this takes some time but is pretty cost effective. And again if someone really wants to rob you and they have the money they will. Getting all of these little "speed bumps" established just makes the process much harder and if you go thru with this process and someone challenges you, you do not want to give them this poorman's patent until it is a last resort. Often times they'll let go of something if at every turn in the road they find another potentially legal hang-up.
All just suggestions....good luck.
Awesome advice my friend. You helped a lot of people today.
I have a friend that has lots of patents. The problem is not the cost the patent lawyers or patent office. It is the 6 figure sum you need to defend your patent, even if it is being infringed upon!
Speaking from experience on this one.
Get a copyright on the name and a Trademark on the name as well as the design. Patents are really not that much good and they expire after a number of years etc.
Especially the post office.Quote:
Originally Posted by shipahoy41
I know a guy that makes and sells his own line of taxidermy forms, he sold some to a man in another state that was employed by a very large taxidermy supply outfit, my friend noticed his forms for sale through this other companies catalogue, he had copywrighted these forms beforehand through a good copywrite attorney, he took this companies owner to federal court and when the guy was ordered to pay my friend $400,000, he pulled out his checkbook and stroked him a check! the guys only remorse was that he got caught, and he had money so it didn't hurt him much.
I dont think I can pay all those patent and lawyer. :(
This is where tort reform would be a good place. That and more condemning regulations and more severe punishment for this kind of stuff. The little man can never get ahead in this environment. It sucks that You can't take something that You came up with and run with it without someone stealing it out from under Your nose. It just ain't right.CF
I agree CF it ain't right.
First My Disclaimer: I am not an Attorney. However, I manage Intellectual Property for a large high technology plastic company so I am reasonably versed on the subject; the explanations below are somewhat general in nature.
Copyright: Applies to written words (as in a writing of some kind) and artwork. You claim "copyright" by simply stating so on the document. For example, on the bottom of your website (if you sell baits) you should have copyright 2012 (and the other years you have been placing writing on this site".) SAVE PRINTED copies of your site with the date on the page (it's a setting in your browser printing settings). If someone comes along and copies your words and/or pictures exactly you can claim "copyright" and make them take down the offending material. The main point here is that you need to be able to PROVE you wrote it first (or you took the picture or created the artwork) so good record keeping is required. For example, MicroSpoons has some outstanding artwork (pictures) on his site. He should have (C)2012 on the bottom of each picture (in tiny print) or at least a copyright statement on the bottom of the page: "All pictures on this page are the copyrighted work of MicroSpoons" and "Copyright 2010,2011,2012". Then if I steal one of his pics and put it on my site...he can make me stop using it via "Cease and Desist Letter" from him or his Attorney.
Trademark: You can trademark a novel name or company name and claim it as your "Mark". Let's use MicroSpoons again. It's a unique usage for a specific set of products. He could "Trademark" this by simply declaring so. MicroSpoons(TM).
Registered Trademark: You can go one step further and register your trademark at the U.S. Patent and Trademark Office Trademarks Home. This gives you a higher level of protection and is suggested if you have a significant investment in money or time in your trademark. You can actually do this yourself or have a Trademark Attorney do it for you at a reasonable expense. Then you can use the registered trademark symbol the R in a circle or (R). The fact that it is a registered trademark makes it a LOT easier to make someone stop using it. Do NOT use the ® symbol or state that it is a Registered trademark if you do not have it registered!!!!
Patent: Patents are a very complex topic....and again...I am NOT an Attorney....and Patent Law changes on a daily basis!!!
The type of patent you would get on a bait would be a DESIGN Patent...that is a patent on how the bait LOOKS":
A design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation. A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. It must be a definite pattern of surface ornamentation, applied to an article of manufacture.
The problem with a Design Patent is that they are fairly easy to "get around" with a small change and need to be VERY well written to protect your design. You need a GOOD Patent Attorney for this...and this is NOT cheap!!!! There is no magic % or number of difference. You either meet the Patent ...or you are outside the patent. Period. However ...it can be expense to prove you are outside their patent...and some companies rely on this to intimidate others.
My rule of thumb is if you can't spend $100,000 getting the patent....and $100,000 protecting it....don't bother!
In my personal opinion, there is a significant issue in the bait industry with the "big boys" bullying the "little guys" and claiming a design patent (and they may or may not have one), or trying to broadly "enforce" their design patent beyond what was stated in the patent. Problem is...they got the $$ and apparently are willing to spend it.They are assuming they can scare you and that you will never go to court over the issue.
WORD OF WARNING: The new patent laws come down HARD on those you claim a false patent. DO NOT claim a patent unless you have one!!!!
But here's some potential good news, if you think you are unfairly being pursued by a company that is claiming a false patent or is trying to push the boundaries of their patent you have some recourse. Your first step would to be to file a complaint with the U.S. Patent Office. If they continue then you may be able to find an Attorney that will take your case based upon fee collection upon recovery…they get a big % of any settlement, etc.
But..the stress of this WILL take a few years off your life expectancy!!!
Soooooo……..If you want to play in this business my suggestion is to innovate…innovate…innovate! Make your money quick on your new bait…before you get ripped off. But by then…be on to the next great thing!
There is a theory in Marketing that “first to market” makes more money than a patent. It takes years to get a patent…and more often than not…especially in this business…you are on to something else by then anyway!
Again…I am NOT an Attorney...so if you have any issues with copyright, trademarks or patent you need to consult an experienced Attorney in this area.