Reaction Innovation's Lawsuit Against Strike King

[Hooksetter]

I'm sure alot of you are aware that Reaction Innovation has filed a patent infringement lawsuit against Strike King pertaining to the "Sweet Beaver" line of plastics. They have also sent cease and desist letters to a handful of small hand pour companies that pour a similiar plastic bait. The way I read everything RI has a patent on the name and on the design function of the bait, meaning they could go after any bait that even resembles the body and/or uses any variation of the name.

I know Del at Del-Mart got a letter about one of his customers posting on his forum using the name "Sweet Beaver" in a post about this subject and the letter told him to remove any and all posts that used those names.

You can go to Tackle Underground and go to the forums under soft plastics and scroll down untill you find the infringement topic and read it for yourself. There is also a thread at Bears Baits on the same subject that has a copy of the lawsuit posted.

I also read that if you have a mold that makes a similiar bait it's even illegal to make them for your own use, let alone to sell for profit.

If the lawsuit is successful I'm wondering if we will see other companies such as Zoom, Yamamoto, Yum etc. enforcing their patents. It could get real ugly real fast for everyone, big and little companies alike.

I know there are alot of guys here that make their own baits, including me, either to sell for profit or for their own use. I was just wondering what all of you think about this.

Willie

[Mike S.]

It's all about the $.  If they have a patent on it, I guess they can do what they want.

[BryanP]

Anybody who makes or sells a "beaver" style bait private label is subject to receive a cease and desist letter.  Matt Herren told me they were handing them out at the Classic.  From what he said, the patent is a utility patent, so simply changing an appendage is not sufficient.  Apparently it involves the shape of the flat ribbed body that affects the way the bait falls. 

[Bender]

Here is the patent. I can understand that it gets frustrating making a bait and then it gets copied by everybody, but that is the way it goes sometimes and you just have to try to stay one step ahead of the game. I can understand a little better if it is some technology or intellectual patent, but to me the function of all soft plastics is to catch fish. The sad thing in this country is that it generally costs more to fight a lawsuit and win then just giving in, there's no way a little guy could fight this.

Zoom has gone after a lot of people making trick worms in the past, I'm not sure what else and I don't know that they have actually had to file any suits.

[thedude]

beaver was a unique bait and is heavily copied - i don't blame RI one bit. Its got to be hard enough to make it as a start up bait company - how are you supposed to survive when everyone rips off your claim-to-fame? The shaw-grigsby beavers that strike king made were IDENTICAL copies of the smallie beavers - doesn't look like they even tried to change them.
Can't say i've used a "knock-off" as good as the original though.

[Fishmael]

Yeah, I have to agree.  If you spend all the R&D funds to develop the item and them spend thousands on marketing and distribution, just to have people jump on your band wagon, it really isn't fair to the innovators.  I think this is the same with the Hummingbird/Lowrance lawsuit.  I think what happens is that someone develops something that takes market share so dominantly and the other companies scramble to find something as close as they can get, rather than just coming up with their own idea.  It is just human nature I guess.

[LAPORTE]

      I agree with all that goes with a patent on a bait. But with that said. If a person has the skills to make a mold for their own personal use they should have the right to do so. As long as your not selling them to anyone for any reason. 

       Now just starting fishing 3 or so years ago with many more to come. I have seen where I could make my own say 3 or 4 colors (colors i like) in any mold not patent I like and save a bunch of cash.

I did notice right on the front of the bag of beavers for RI it says patent product .... I can't say that I ever noticed any other companys... ?


      But you never know what you think might be ok is indeed wrong...

Don

[REEL_MAN]

I know that Gene Larew had a patent on using salt in soft plastic baits and they inforced the patent. Many companies paid royalties to Larew for years until the patent expired a few years ago.

REELMAN
<))))>{

[dashaver63]

Well, that explains why I can't find any Powerbait Beasts any more. I contacted Berkley and they said they were discontinued.

[Waterfoul]

What's gonna happen if Gary decides to go after every company making a "senko" type bait?  It would litterally put 100's of small companies out of business.  EVERY handpour company makes a senko derivative.  EVERY major soft plastics manufacturer makes a senko type bait.  It could get ugly nation wide on MANY types of baits.

[dashaver63]

I think in the case of the senko, it's not the shape of the bait that makes it was it is, is his special "recipe" of the material used to make the senko. But you're right, every big and small bait manufacturer makes one.

[Waterfoul]

I think in the case of the senko, it's not the shape of the bait that makes it was it is, is his special "recipe" of the material used to make the senko. But you're right, every big and small bait manufacturer makes one.

It all depends on how the patent is written.

[Hooksetter]

I don't have a problem with RI enforcing their patent, anybody that has gone to the expense of patenting their particular idea has every right to. They spend a ton of money developing their idea, I don't blame them one bit.

I do wonder why they waited so long. Were they waiting for someone with deep enough pockets to really make it worth their while to spend the money to sue?

I wonder if they sent a cease and desist letter to Strike King first before they decided to take them to court?

As for GYCB, if they have a design function patent on the Senko the shape would be protected, regardless of the recipe. Thats the way I understand it. I hope I am wrong.

If thats the case it wouldn't matter if you bought your molds at Del-Mart, Bob's or had them custom made. You technically couldn't use them, if they too closely resembled something under design function patent protection.

Willie

[gr@ssmonkey]

so whats the latest anyone know first hand,i notice some people on tackle underground said they had gotten letters sent to them telling them to stop offering the bait,has anyone on here gotten any such letter to stop pouring a copy...........man i never used anything but the ri beaver until just last year when i started getting some confidence in another beaver style bait in different colors(and i'm stubborn when it comes to tring new when the old still works great) all that hard work catching them 4 and 5 lbs now my baits outlawed drats....

[dashaver63]

Slurpies have one that I really like too, but it's more the colors than anything else, and BPS still had the full line of them a couple weeks ago in Rossford. Luckily I still have a huge stash of R I Sweet Beavers to go to this summer.

[Reelin Realtor]

I don't know too many of the details but way back when.... Gene Larew was the first to use salt in the poured plastics and it was my understanding they had patented it and all the other manufacturers had to buy a salt license to pour thier plastics with salt until the patent ran out. The old Gene Larew salt craws still work good today.

[djkimmel]

I think the first case I recall besides the infamous salt 'license' was when the Sluggo hit the market, changing the soft bait market dramatically and then it was hammered by tons of bait companies. I always thought it was a shame for a then smaller lure maker to get ripped off like that by so many other companies out to steal a truly innovative and unique product. I still have a handful of the original handpoured Sluggos I got from Herb Reed after I sent him some pictures of big bass I was catching in Michigan on them in the late 80s. He was a heck of an angler too!

Well, he probably still is a really good angler but I haven't seen much local news in a number of years out of that part of the country. I met him when he qualified for a national championship years ago. He almost won that event, but Ed Cowan squeaked it out on him using Herb's own Sluggos against him too! (I was in the boat and watched him do it)

[LGMOUTH]

I think the first case I recall besides the infamous salt 'license' was when the Sluggo hit the market, changing the soft bait market dramatically and then it was hammered by tons of bait companies. I always thought it was a shame for a then smaller lure maker to get ripped off like that by so many other companies out to steal a truly innovative and unique product. I still have a handful of the original handpoured Sluggos I got from Herb Reed after I sent him some pictures of big bass I was catching in Michigan on them in the late 80s. He was a heck of an angler too!

Well, he probably still is a really good angler but I haven't seen much local news in a number of years out of that part of the country. I met him when he qualified for a national championship years ago. He almost won that event, but Ed Cowan squeaked it out on him using Herb's own Sluggos against him too! (I was in the boat and watched him do it)

I cant figure out if you just get lucky and have fished with everyone or if you are just really really old and know everyone from back in the day. 

[mikesmiph]

He must be lucky, because hes younger than I am. And, I'm not old yet. LOL

[djkimmel]

I don't know if being in that boat that tournament could be called lucky. I'll tell you about it some day if I haven't totally forgot by then... I know Rice Sr ended up with a large deep thigh bruise the next day from being in the same boat! And he saved the tournament for Cowan.

I'm not as old as smiph in years, but I must be sending out signals. I got a lecture earlier today by email on being bettered prepared for my 'upcoming' retirement!!