20 replies to this topic

[flukemaster]

But "The Alabama Rig" is. Yes that's right the Slick Lure Company registered "The Alabama Rig" and NOT "Alabama Rig". So as long as you don't put a "The" at the beginning they don't have a leg to stand on.

And there is no record of it at all in the Copyright Office.

[J Francho]

Good information.  I'm still referring to it as the umbrella or multi rig from here on out.  No need to help their cause.

There wouldn't be any record of it at the Copyright Office - a bait is not something that can be copyrighted.  That's reserved for written works, images, music, performance, sporting events, etc.

[lmoore]

I saw a few more recent comments where the finally have some of the laws somewhat figured out.  At least now they tell people it's a violation of Trademark laws and they currently have a patent pending.  The first few comments she made about "violation of copy write" was just brutal.  That being said, I plan to purchase a few alabama rigs, and it won't be from them.

I wonder if anybody has considered filing a harrassment lawsuit (or maybe more accurately libel) against them for incorrectly accusimg them of Trademark violatons in a public forum?  Certaintly something I would consider if they wanted to start playing the legal game.

[llPa1nll]

J Francho, on February 07 2012 - 01:16 PM, said:

Good information.  I'm still referring to it as the umbrella or multi rig from here on out.  No need to help their cause.

There wouldn't be any record of it at the Copyright Office - a bait is not something that can be copyrighted.  That's reserved for written works, images, music, performance, sporting events, etc.

It can be granted a patent though.

[lmoore]

llPa1nll, on February 07 2012 - 05:24 PM, said:

It can be granted a patent though.

Correct, but all of their early claims were that people violated copyright laws, which isn't accurate.  That's why J Francho made that point.

[jkarol24]

lmoore, on February 07 2012 - 01:32 PM, said:

I saw a few more recent comments where the finally have some of the laws somewhat figured out.  At least now they tell people it's a violation of Trademark laws and they currently have a patent pending.  The first few comments she made about "violation of copy write" was just brutal.  That being said, I plan to purchase a few alabama rigs, and it won't be from them.

I wonder if anybody has considered filing a harrassment lawsuit (or maybe more accurately libel) against them for incorrectly accusimg them of Trademark violatons in a public forum?  Certaintly something I would consider if they wanted to start playing the legal game.

A guy that fishes in my bass club started making and selling umbrella rigs and in the description called it an alabama rig.  Within a few days, he recieved multiple emails and facebook messages scolding him for the use of the name as a copyright infringement and was forced to change the description and publicly apologize and rescind any possible association with the term "alabam rig" due to legal threats... Pretty crazy stuff. I doubt any legal action will be taken, but it was all blown way out of proportion

[SirSnookalot]

I received an email from jansnetcraft, I'm sure others did too, marketing a " freshwater umbrella rig".  I would think the term umbrella is generic and allowable without any patent infringement.

[Wayne P.]

Isn't the original Alabama rig a surface popper (Pop-R, etc.) with a white fly or maribou jig on a leader attached to the back hook and used for schooling fish?

[J Francho]

llPa1nll, on February 07 2012 - 05:24 PM, said:

It can be granted a patent though.

How can they be granted a patent on something that has been made for years?  And so quickly?  They can't patent it's use as a bass bait.  It's dumb.  All they did was trade mark the two names listed above.  It'll be "Patent Pending" for quite some time.  I just don't see anything truly inventive - they basically renamed something that already exists.

[J Francho]

Here's the only thing I could find using Google Patent Search: http://www.google.co...ama rig&f=false

Nothing relevant to the umbrella rig.

[tholmes]

Wayne P., on February 08 2012 - 02:14 PM, said:

Isn't the original Alabama rig a surface popper (Pop-R, etc.) with a white fly or maribou jig on a leader attached to the back hook and used for schooling fish?

:
We always called that a white bass rig.   That's the only thing I've ever seen it used for.

Tom

[lmoore]

J Francho, on February 08 2012 - 02:18 PM, said:

How can they be granted a patent on something that has been made for years?  And so quickly?  They can't patent it's use as a bass bait.  It's dumb.  All they did was trade mark the two names listed above.  It'll be "Patent Pending" for quite some time.  I just don't see anything truly inventive - they basically renamed something that already exists.

Very good point.  Since they haven't added anything new to the umbrella rig, it isn't an original idea.  They can apply for a patent, but there's no way it'll be granted.

[Wayne P.]

That rig was a topic of discussion about 10 years ago and when I first heard of that name.

[Wayne P.]

J Francho, on February 08 2012 - 02:18 PM, said:

How can they be granted a patent on something that has been made for years? And so quickly? They can't patent it's use as a bass bait. It's dumb. All they did was trade mark the two names listed above. It'll be "Patent Pending" for quite some time. I just don't see anything truly inventive - they basically renamed something that already exists.

Any change to any pre-existing item can be patented. The Alabama Rig has that pretty painted head, the original umbrella rig doesn't and never has. It takes a painted lure to "lure" the bassfisherman. It has to have that "special" color, "special" shape to get into the bass market.

[lmoore]

http://www.stripers2...read.php?t=4704

Link to a forum discussion from 2006 about the umbrella rig.  Author claims to have been using for 10 years at that time, so they are at least 15 years old.  That was like the second link when I typed in "umbrella rig origin" using Google.  Be nice if someone would take all of the information available to Ms. Poss and ask her to quit spamming innocent users with her nonsensical interpretation of "copy write law."