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Re: DIY Alabama Rig threats [Re: elhoward622] #7135244 02/05/12 09:42 PM
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Jmsteele Offline
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Originally Posted By: elhoward622
If I started a bait company I would BUILD my market on grass-roots advertising. I just do not get it. They should be happy that so many people are actually using the word. I guess they don't understand how search engines work. Really just idiotic and hindering the growth of their market. Also, while I am on this rant, why in the hell are they attacking people who talk about fishing with the rigs, while on ebay there are thousands of knock offs for sale using that word to sell baits???????


Exactly, they won't get my business acting like that. I will be buying from their competition for 1/2 the price instead.


Moritz Chevrolet - 9101 Camp Bowie W Blvd, Fort Worth, TX - Monte Coon (817) 696-2003
Re: DIY Alabama Rig threats [Re: senkosammy] #7141192 02/07/12 06:02 AM
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Dragonuv Offline
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I'm certainly no patent attorney, but I have been involved in the patent process for a year now for both design patents and utility patents.
I don't believe a thing they say.
First, that design has been around way too long for them to start taking credit for its' inception. They may try to Copyright the name, but I can't see them patenting the design. I have even seen Babe Winkleman use it for walleye and pike, going back years.

Second, I went on the USPTO website and did a patent and copyright/trademark search, and here is what I found...The number they cite as their patent number is, in fact, not a patent number at all. When you search for "&#65279", it gives me a response of "Incorrect Characters". When I search the numbers only(65279), it tells me that the number is "Unassigned".

The numbers "65279" shows to be a utility patent designation, but has not been assigned. The real number, if it existed, would be DN/65279.

Therefore, according to the USPTO, they DO NOT hold the patent on the Alabama Rig, or A-Rig.


Last edited by Dragonuv; 02/07/12 06:04 AM.

Re: DIY Alabama Rig threats [Re: Dragonuv] #7141263 02/07/12 07:16 AM
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senkosammy Offline OP
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Hey, thanks for the research into this. I think the "65279" number is just a UBB Forum copy/paste error when copying from YouTube to TexasFishingForum. It didn't appear in the original comments.

That being said, their website recently listed the Alabama Rig as "Patent Pending", so maybe it is not possible to locate it through patent office? Is there another way to search for it?



My Bass Fishing Blog
Re: DIY Alabama Rig threats [Re: senkosammy] #7141265 02/07/12 07:26 AM
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mbassn Offline
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My guess is those threats are fake. I wish I could come up with something so people can use my name for that style of lure! Basically free advertising for my product. Who is this Tammy poss anyway? I think the guy is named Tommy and he developed a smaller version of the umbrella rig with his dad for freshwater use.


Re: DIY Alabama Rig threats [Re: senkosammy] #7142074 02/07/12 03:52 PM
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Dragonuv Offline
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Ok, I decided to go through the applications too. It is an application for a trademark, and I could not locate any patent info on it, and is so new that it has yet to be assigned. The Trademark application info is:
http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=85465736
and
http://tdr.uspto.gov/search.action?sn=85465736

Actually, it is illegal for them to say what they have been saying. Until the trademark/patent goes through and is accepted, assigned a number and have obtained approval to use the phrase "Patent Pending", it is actually against the law for them to represent the item as having been so. If you guys wanted to give them a hard time back, you could send a message to the USPTO and tell them they have a violator. Also, according to the info on the site, they are not using an attorney, so their threats are lies as well.

Even if it is tademarked, it is not illegal for you to use the name "Alabama Rig" or "A-Rig", nor is it illegal to show the item in a video. If that were the case, we couldn't show anything on TV except people, and we could never use the names of anything.

As long as it is capitalized. Kind of like Coke, Xerox or Kleenex, you will be fine. Coca Cola used to spend millions trying to enforce the name "Coke", but it was ruled to be a common name and now they only ask that you capitalize it when you do use it to give credit where it is due.





Last edited by Dragonuv; 02/07/12 05:10 PM.

Re: DIY Alabama Rig threats [Re: senkosammy] #7142603 02/07/12 06:02 PM
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Dragonuv Offline
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duel


Last edited by Dragonuv; 02/09/12 06:48 AM.

Re: DIY Alabama Rig threats [Re: Dragonuv] #7143601 02/07/12 10:22 PM
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senkosammy Offline OP
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Originally Posted By: Dragonuv
Ok, I decided to go through the applications too. It is an application for a trademark, and I could not locate any patent info on it, and is so new that it has yet to be assigned. The Trademark application info is:
http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=85465736
and
http://tdr.uspto.gov/search.action?sn=85465736

Actually, it is illegal for them to say what they have been saying. Until the trademark/patent goes through and is accepted, assigned a number and have obtained approval to use the phrase "Patent Pending", it is actually against the law for them to represent the item as having been so. If you guys wanted to give them a hard time back, you could send a message to the USPTO and tell them they have a violator. Also, according to the info on the site, they are not using an attorney, so their threats are lies as well.

Even if it is tademarked, it is not illegal for you to use the name "Alabama Rig" or "A-Rig", nor is it illegal to show the item in a video. If that were the case, we couldn't show anything on TV except people, and we could never use the names of anything.

As long as it is capitalized. Kind of like Coke, Xerox or Kleenex, you will be fine. Coca Cola used to spend millions trying to enforce the name "Coke", but it was ruled to be a common name and now they only ask that you capitalize it when you do use it to give credit where it is due.




Thanks for this! You've done a lot of research, very helpful.

Something that be of interest is the following. Dug this up:

On Monday, November 07, 2011, a U.S. federal trademark registration was filed for A-RIG by Slick Lures, Muscle Shoals, AL 35661. The USPTO has given the A-RIG trademark serial number of 85465760. The current federal status of this trademark filing is NEW APPLICATION - RECORD INITIALIZED NOT ASSIGNED TO EXAMINER. The correspondent listed for A-RIG is JEREMY A SMITH of BRADLEY ARANT BOULT CUMMINGS LLP, 200 CLINTON AVE W STE 900, HUNTSVILLE, AL 35801-4933 . The A-RIG trademark is filed in the category of Clothing Products . The description provided to the USPTO for A-RIG is clothing, namely t-shirts, sweatshirts and hats.

(link: [url=http://www.trademarkia.com/correspondent-jeremy-a-smith-1-955946][/url] http://www.trademarkia.com/correspondent-jeremy-a-smith-1-955946



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Re: DIY Alabama Rig threats [Re: senkosammy] #7144908 02/08/12 03:09 AM
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H20 Dawg Offline
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The A-RIG trademark is filed in the category of Clothing Products . The description provided to the USPTO for A-RIG is clothing, namely t-shirts, sweatshirts and hats. [/i]

(link: [url=http://www.trademarkia.com/correspondent-jeremy-a-smith-1-955946][/url] http://www.trademarkia.com/correspondent-jeremy-a-smith-1-955946
[/quote]

So by this it means you can make an A-Rig and sell it, just don't advertise it on a hat, shirt, or any clothing material.


Last edited by H20 Dawg; 02/08/12 03:11 AM.

Originally Posted By: JCBfromTHF
Water Dogs rock!!!!!

The water is always clearer, on the other side of the lake. ><>
Re: DIY Alabama Rig threats [Re: senkosammy] #7145162 02/08/12 04:11 AM
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brb2825 Offline
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Wow. Is anyone really threatened by this [censored]? Who wants to buy products from this company? They are digging their own grave. I make my own and anyone can.


Re: DIY Alabama Rig threats [Re: senkosammy] #7182560 02/17/12 04:48 AM
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JonBoatJunkie Offline
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Quoted from an NPR story.

"about 30 percent of U.S. patents are essentially on things that have already been invented. In 2000, for example, the patent office granted a patent on making toast patent number 6080436, "Bread Refreshing Method."

This Alabama Rig guy is crazy.


Re: DIY Alabama Rig threats [Re: Floyd Yarbrough] #7182708 02/17/12 06:17 AM
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Originally Posted By: Fish'n Cynic
Can we call it the "A-hole Rig?"


smirk


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