Breakin' the law?

[mattman]

Is it against the law (copyright or otherwise) to buy say a DD22 and put a custom paint job on it and then sell it? I realize this may be random but I really need to know... thanks in advance.

[burleytog]

;D

Nope...

[Still a Bigbuckifan]

NO. enless you try to pass it as the a original

[burleytog]

NO. enless you try to pass it as the a original

What law would be broken?  There is no copyright on lure color.

[Still a Bigbuckifan]

if you tryer to sell a say a modified rapala as a original rapala all i was saying is dont claim its somthing it's not. any one could pour a senko type worm but if you try to sell it as a senko thats ilegal

[Ellesar]

Well it depends on the lure you use. If there is something patented about the lure design, and you just change the paint scheme, you could be sued for patent infringement. It would be the same as creating your own lure using a patented design without paying for rights to use said design.

Even if you just change the color, a lure company could argue that you are violating the reasonable facsimile precedent in that the lure you are selling as your own doesn't differ enough from their design. But with something like fishing lures, given how many look the same for all intents and purposes, that would be a tough sell and a company would be unlikely to come after you. But if some aspect of their lure is patented, you can bet they will, and you will lose.

[surfer]

but what do you have to lose?

[Grey Wolf]

A lot of people are doing it.

[Ellesar]

but what do you have to lose?

Money.

[D.Cox]

   There are two types of patents, Utility Patents and Design Patents. Utility Patents cover the concept of the idea itself and are very difficult to get around whereas a design patent only covers color schemes, etc. and can be gotten around by changing the design, I believe, by 15%.  

    For example. we have a utility patent on Rattle Head Baits which covers the concept of the idea itself of a moveable hook in some type of chamber. We had to pay an issue fee and we now pay maintenance fees to maintain the patent rights on our concept.  Utility patents are so well protected that, as far as I know, a fishig lure protected by a utility patent has never been copied (Leverage, Terminator, etc.) without the company that is copying it paying a usage fee to the company holding those patent rights. So, although a lot of companies copy other manufacturers' lures, these lures that they are copying are either unpatented or only hold a design patent and the design of the lure that is being copied has been changed by at least 15%.      

    Thus, I guess what I am trying to say, is that since these compaies pay large amounts of money to issue and then maintain patent rights, you better believe that if they find out that you are copying their lure in a way that is in violation of their patent, they are going to file a lawsuit. And so, if in doubt, do a patent search at the US Patent Office.

    As far as putting custom paint jobs on others' lures, I would think the easiest thing to do would be to advertise at a local tackle store that you do custom paint jobs on lures and then let your customers' buy their own lures and then bring them to you to customize. I have seen this done before at several tackle stores  

[Wildbillb]

I would think it would have a lot to do with how many you are doing.  There is a big difference between 6 lures, 6,000 lures and 60,000 lures.  At least that is what I would think.

[whittler]

You cannot patent a color. Did you ever see anyone change colors on a car, truck or boat?

[D.Cox]

Idlov2fish: You are exactly right, I misspoke in my earlier post. I was in a hurry, and I must have had color schemes on my mind, where Mattman was talking about custom paint jobs. I should have said "such as the shape of an object."

Here is the definition of a design from the US Patent office.

Definition of a Design.

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

Mattman as far, as painting someone else's lures, I don't foresee a problem as long as you abide by two simply rules 1) an utility or design patent is not held on any lure that you are customizing (that is the ones you have bought youself to resell, not the one people buy themselves and bring to you to customize) and 2) you do not repackage and sell the lure under your own label.

A guys does that locally where I live. He works at a local tackle store and hangs his unpackaged custom painted lures on a little wire counter display rack. His customers also bring him in lures to customize. Been doing it for years and he is very good.      

   

[mattman]

thank ya'll for the input! really appreciate it!!!