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Make Alabama Rig Copyright Legal Threats!

alabama rig make

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56 replies to this topic

#16 Delaware Valley Tackle

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Posted February 02 2012 - 01:21 PM

Forgive my ignorance!
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#17 Randall

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Posted February 02 2012 - 03:56 PM

I just gave away all my Mann's rigs to a kid down the street after seeing the comments from Tammy Poss the past few days on You Tube. Ordered 15 very light weight UMBRELLA RIGS from someone else. If they were looking to give me a reason to buy a knockoff or light weight umbrella rig they just did. I waited for the original but will not fish it now after seeing how they are acting toward people making videos of homemade rigs.

#18 flukemaster

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Posted February 02 2012 - 05:20 PM

The Alabama Rigs guys have been all over YouTube. There is nothing on any of my videos that mentions their rig. Yet someone from their website has gone through every one of my videos to make sure. Even the videos that I made several years ago. They have got some serious issues and after reading how this Tammy Poss is treating kids they won't be getting any of my business either. Knock-offs here I come.

#19 Glenn

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Posted February 02 2012 - 06:32 PM

Funny.... we have articles about "How to fish the Senko", and Yamamoto Baits hasn't blown up over it. In fact, they welcome it. Same goes for many other brands of baits. It's called "marketing", not "copyright infringment" (or "copy write" as she calls it).

Tammy needs to read up on trademark vs. copyright laws. There are huge differences, and she's mixed the two together into indefensible allegations. Good luck pursuing them in court. It'll run them out of business.

First B.A.S.S. bans it, now this. One shot in each foot, then stuffed in her mouth. Way to kill off business. Congrats.
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#20 geckert

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Posted February 02 2012 - 07:18 PM

So if im from Alabama and driving a truck for a living My truck cant be called an Alabama rig because some A-hole thinks its proper to let a state name be copyrighted. What the **** has this country come to. Im going to copywright the word american and charge everyone wo calls themselves any sort of _____ american a fee, What a load of crap.

#21 Aluma-Bass

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Posted February 02 2012 - 10:32 PM

ohhh Tammy....what can i say :mad10:

#22 dwtaylor

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Posted February 04 2012 - 03:55 PM

I don't see any problem with making a "how to make it" video, as it is granted in our Constitution (1st Amendment). I do understand why they are doing it, but it is kind of like kleenex. Everyone uses the term incorrectly, but no one really cares. If I were to make a how to make it video and named the title "how to make a castable umbrella rig" and they (Manns) thought it was against their copyright and threatened me in a lawsuit, couldn't I sue them? I mean if they did not have a copyright on castable umbrella rig, they do no own rights to the name, so I would be good right?

#23 Munkin

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Posted February 04 2012 - 06:21 PM

I just copyrighted Texas.


I was wondering how someone could copyright a state name myself? Now I am against knock offs more than most people but I doubt she has any kind of rights to the alabama name.

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#24 Bird Dog

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Posted February 04 2012 - 10:24 PM

What a bunch of looney's. Reminds me of Talon lures with that prop jig fiasco -_-


That was one of my all time favorite threads!
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#25 Captain Obvious

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Posted February 06 2012 - 12:12 AM

What idiots!

So I guess word of mouth marketing goes out the window cause they will sue you for mentioning the name of the product. From now on we can just call it the
"I-will-get-sued-if-I-mention-the-name-rig". (Tammy I own the trade mark on that name)

Also they have successfully made themselves look ridiculous and trashed their own brand in the process. Add that to the fact that this product was banned by B.A.S.S. so you'll get no marketing from them.

Sounds like a recipe to go out of business to me.

Capt.O
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#26 Dan Rice

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Posted February 13 2012 - 05:09 AM

Copyright Law
A copyright refers to the owner of a particular expression of an idea, but not the underlying idea or method of operation. <--Direct from my business law textbook by Beatty/Samuelson.



Trademark
A trademark is any combination of words and symbols that a business uses to identify its products or services and distinguish them from others. Similar to Nike's "Just Do It" and Microsoft's flyin window logo, the Poss family uses "The Alabama Rig" to distinguish themselves from other companies, hence why we see names such as "umbrella rig", "school-e rig", etc.

Here is where a court would rule against the Tammy Poss and her threatening comments to kids on YouTube:

"Contrary to popular belief, a trademark does not give its holder a monopoly on the word, phrase, shape or color as such. Trademark rights are typically granted on the basis of a registration. Part of the registration is an indication of the goods and services that the trademark should protect. Only commercial use of the trademark for those classes of goods and services can be restricted by the trademark holder. Non-commercial use cannot be prevented, except if that use harms the distinctiveness of the trademark."

As you can see, people are free to use the trademarked phrase as long as they are identifying a particular product or service when it comes to discussion and informational reporting. What kids don't understand is that they cannot make their own umbrella rig and sell them under a trademarked name or use a copyrighted "version".

By taking this battle into her own hands, I think Tammy is creating a lot of animosity towards The Alabama Rig and it is a losing battle. While I can understand that the fishing industry is a copy-cat industry by nature, unruly customer relationship management and poor communication skills will destroy a company in a blink of an eye. Seeing as I got this entire situation from a "Google Alert", I would say the process has begun.

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#27 J Francho

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Posted February 13 2012 - 04:25 PM

Copyright Law
A copyright refers to the owner of a particular expression of an idea, but not the underlying idea or method of operation.

The Poss family has the ability to copyright their own "version" of the umbrella rig, which they have done. It appears that the issue and "rude" comments stem from individuals who are in fact breaking copyright laws by selling their own versions of the rig and referring to their own products as "The Alabama Rig". <--This is the illegal aspect of the situation.


False. Sorry, that just isn't true. The ONLY thing they can copyright would be a written or pictorial description of the rig. Not the idea, the rig, the name, or the process. Period.

Everything you need to know about US copyright law is here: http://www.copyright.gov/

How do I protect my idea?
Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in your written or artistic work.


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#28 ctf58

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Posted February 13 2012 - 07:10 PM

So if im from Alabama and driving a truck for a living My truck cant be called an Alabama rig because some A-hole thinks its proper to let a state name be copyrighted. What the **** has this country come to. Im going to copywright the word american and charge everyone wo calls themselves any sort of _____ american a fee, What a load of crap.


Careful A-hole might be the next thing they try to patent/copy write/trademark. It is something that they also seem to have an overabundance of. Sounds a lot like A-Rig
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#29 Dan Rice

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Posted February 13 2012 - 08:23 PM

False. Sorry, that just isn't true. The ONLY thing they can copyright would be a written or pictorial description of the rig. Not the idea, the rig, the name, or the process. Period.

Everything you need to know about US copyright law is here: http://www.copyright.gov/

I think our views were different now that re-read your post. I'll just go ahead and agree to disagree. There has been trademark infringement since others are selling the rigs under their name, but I'm not a lawyer and will avoid the copyright questions because I may be incorrect.

.

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#30 ChrisAW

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Posted February 14 2012 - 12:35 AM

I think our views were different now that re-read your post. I'll just go ahead and agree to disagree. There has been trademark infringement since others are selling the rigs under their name, but I'm not a lawyer and will avoid the copyright questions because I may be incorrect.

.


They weren't going after the people on Youtube for selling rigs with the same name (Or if someone was, forgive me, I hadn't seen that mentioned anywhere), they were telling them using "A-Rig" and other such names to describe there videos was illegal when most were just showing others how to make them themselves.