Fishing lure manufacturer sues Bass Pro over 'mass-produced knock-offs

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Fishing lure manufacturer sues Bass Pro over 'mass-produced knock-offs

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Fishing lure manufacturer sues Bass Pro over 'mass-produced knock-offs

A small Las Vegas-based company with a "legendary reputation in the world of bass fishing" has accused Bass Pro Shops of copying patented lure designs, according to a lawsuit.

Huddleston Deluxe filed a copyright infringement, patent infringement and unfair competition lawsuit against Bass Pro on April 10 in a federal court district headquartered in San Francisco.

Huddleston pointed to "nearly identical" similarities between its own "swimbait" lures and lures under Bass Pro's brand called XPS.

A spokesman for Bass Pro said Wednesday that the company does not comment on pending litigation.

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Huddleston's suit complains that large retailers can copy designs of small specialty companies, and mass-manufacture the copied designs in a "lower cost region, such as China" and sell the products at much lower prices.

The suit specifically names Bass Pro's Slo Mo Swimmer Swimbait, which retails for $5.29 or $6.49 and comes in hitch, shad and light trout designs, according to Bass Pro's website.


On Huddleston's website, the cost of a six-inch lure is $25.73 and can range up to $81.90 for larger sizes.

The suit claims that Huddleston is "recognized as a pioneer and leader in designing realistic 'swimbait' lures, which mirror the natural movement of bait fish, making them more alluring to larger target fish, a particularly desirable feature for tournament and trophy fishing."

According to a post on Huddleston's Facebook page, Bass Pro Shops used to sell Huddleston swimbait lures.

In a statement, CEO Samuel "Ken" Huddleston said: "We attempted to address our concerns without litigation, but received no response. Unfortunately, that left us no option but to take legal action to enforce our rights. We respect and value intellectual property rights, and expect the same of others. We remain disappointed that Bass Pro Shops has failed to respect our legal rights, and we plan to vigorously defend our rights and to succeed in our claims against Bass Pro Shops.”

Read the rest: https://www.news-leader.com/story/news/ ... 528624002/
WB Staff
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Joined: Thu Jan 26, 2012 10:56 am

Re: Fishing lure manufacturer sues Bass Pro over 'mass-produced knock-offs

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Huddleston Deluxe files lawsuit against Bass Pro Shops for Patent, Copyright Infringement, and Unfair Competition in the U.S. District Court, Northern District of California

LAS VEGAS--(BUSINESS WIRE)—Huddleston Deluxe, Inc., filed a patent infringement, copyright infringement, and unfair competition lawsuit last week in the U.S. District Court for the Northern District of California against Bass Pro Shops. The lawsuit alleges that certain Bass Pro products sold under the XPS brand, which are distributed online and in Bass Pro Shops retail stores throughout the nation, incorporate Huddleston’s patented swimbait invention and copy Huddleston’s distinctive design, which was made from a hand-carved fish prototype.

Huddleston Deluxe has asserted U.S. Patent No. 7,627,979 (“the ‘979 Patent”) titled “Fish Lure with Vortex Tail,” against the XPS brand “SLO-MO” swimmer product of Bass Pro Shops. Huddleston Deluxe has also asserted claims for copyright infringement and unfair competition in violation of California Business and Professional Code §§ 17200, et seq. Huddleston is seeking a preliminary and permanent injunction, damages, including treble damages, and attorney’s fees in the litigation. Huddleston’s CEO, and the inventor of the ‘979 Patent, Samuel “Ken” Huddleston, expressed disappointment at the situation. “Bass Pro Shops once sold Huddleston swimbaits in their stores. It is unfortunate to see that they now appear to be infringing my patent and even copying the unique, detailed shape of our lures. We attempted to address our concerns without litigation, but received no response. Unfortunately, that left us no option but to take legal action to enforce our rights. We respect and value intellectual property rights, and expect the same of others. We remain disappointed that Bass Pro Shops has failed to respect our legal rights, and we plan to vigorously defend our rights and to succeed in our claims against Bass Pro Shops.”

Huddleston’s attorney, Kimberly Donovan of GCA Law Partners LLP, added that “Typically we hear about large scale patent litigation involving huge companies, but patent infringement can also involve a small inventor and craftsman who developed his livelihood around his invention and creativity. That is the case here. Ken Huddleston was an innovator in the swimbait field, developing lures that imitate the natural swimming motion and tail movements of bait fish. It is unfortunate to see a large company profiting off his invention and design through mass-produced knock-offs sold at very low prices, as alleged in this lawsuit.”
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