View Full Version : "Bass Pro Shops challenges logo of Valrico store"
philnotfil
01-11-2013, 09:22 AM
Another example of profit-seeking distorting intellectual property laws.
tbo.com (http://www2.tbo.com/news/breaking-news/2013/jan/11/5/bass-pro-shops-challenges-logo-of-valrico-store-ar-603986/)
The owner of a Valrico outdoors apparel store fears he could go out of business due to a legal dispute with mega-chain Bass Pro Shops over the bass in his store's logo.
Kelly Morris, owner of Simple Life Outfitters, said he has used his logo for two years, printing it on T-shirts and hats and accounting for a large chunk of his business.
But Bass Pro Shops, which has plans to build a 140,000-square-foot store in Brandon, contends Morris' logo is too similar to its logo and has filed legal documents asking him to stop using it immediately.
Bass Pro Shops doesn't even need to win the case, they just need to make him spend enough money to hurt his business and remove him as a competitor.
kygator
01-11-2013, 09:30 AM
I don't think any reasonable person could look at that logo and confuse it with Bass Pro Shops.
wgbgator
01-11-2013, 09:38 AM
I don't think any reasonable person could look at that logo and confuse it with Bass Pro Shops.
Yeah, but that's not really why they are pursuing this. Unless its dismissed outright, then its more about clearing out the competition through attrition.
corpgator
01-11-2013, 09:38 AM
The vote to improve roads to incentivize Bass Pro Shops to come to Brandon is still waiting to be held on Feb 6th, like they actually need incentives.
rivergator
01-11-2013, 09:41 AM
The vote to improve roads to incentivize Bass Pro Shops to come to Brandon is still waiting to be held on Feb 6th, like they actually need incentives.
It's seeking some unidentified incentives, maybe just tax breaks, to open one in St. Johns County, just south of Jax.
wygator
01-11-2013, 10:11 AM
I'm all for logo protection and copyright infringement laws.
But this is ABSURD!!!!
secgator
01-11-2013, 10:40 AM
I couldn't tell the difference just by looking at it--looked identical to me.
Yours Truly....Stevie Wonder
gs_gator
01-11-2013, 02:06 PM
the very last thing a corporation wants is true capitalism because that leads to marketplace competition. it is more profitable to stifle, litigate and bankrupt rather than compete.
Matthanuf06
01-11-2013, 02:22 PM
Does this mean we are about to get into a legal foggy with Lacoste?
wgbgator
01-11-2013, 02:24 PM
the very last thing a corporation wants is true capitalism because that leads to marketplace competition. it is more profitable to stifle, litigate and bankrupt rather than compete.
Wouldnt "true capitalism" result in monopolies or at least giants like Bass Pro Shops? Of course, I have no idea what you specifically mean by true capitalism. I'm assuming laissez-faire, and not one where the state intervenes via anti-trust laws and other things designed to encourage competition.
wcj786
01-18-2013, 03:38 PM
This is ludicrous!!! In his logo, there is a bass, a redfish, and a snook, with the snook being in the foreground and having a similar pose as the bass on the Bass Pro Shop logo. They, in no way, can be mistaken for each other, especially for anybody who knows fish.
CHFG8R
01-18-2013, 03:47 PM
Won't the issue here be whether a picture of a Bass (presumably fighting) is even copyrightable? Isn't there a threshold of "uniqueness" that has to be met? That image is so common.
wgbgator
01-18-2013, 03:55 PM
Won't the issue here be whether a picture of a Bass (presumably fighting) is even copyrightable? Isn't there a threshold of "uniqueness" that has to be met? That image is so common.
This is all beside the point, really. I'm sure Bass Pro Shops would be happy to debate this in court, while the other guy is racking up legal fees on an hourly basis.
CHFG8R
01-18-2013, 04:00 PM
This is all beside the point, really. I'm sure Bass Pro Shops would be happy to debate this in court, while the other guy is racking up legal fees on an hourly basis.
Or a lawyer might take the case on contingency knowing/thinking he could recoup those fees plus interest.
newkastle
01-18-2013, 04:01 PM
Seems like Bass Pro Shops apologized.
http://www2.tbo.com/news/business/2013/jan/12/6/bass-pro-cuts-bait-on-legal-challenge-to-logo-ar-605278/
wgbgator
01-18-2013, 04:05 PM
Or a lawyer might take the case on contingency knowing/thinking he could recoup those fees plus interest.
Perhaps. It still potentially puts the little guy in a bind - fighting an ongoing legal battle that could take months or years against someone with vastly superior resources. That's time and energy he could put into his business. Its basically a war of attrition.
malligator
01-18-2013, 04:16 PM
This is ludicrous!!! In his logo, there is a bass, a redfish, and a snook, with the snook being in the foreground and having a similar pose as the bass on the Bass Pro Shop logo. They, in no way, can be mistaken for each other, especially for anybody who knows fish.
That's exactly what I was thinking.
Okay, not really. I don't know squat about fish except that I like mine with fries and hush puppies. :laugh:
tilly
01-18-2013, 06:28 PM
I design corporate I.D.'s and logos.
First. Yes you can easily trademark a fish...but..it must be unique. A photo of a fish os automatically copyrighted by the photographer unless he sells/transfrrs the rights.
Second. The logos are in no way consideeed "alike" in my business.
Third. The sweet life logo is really more of an illustration being used AS a logo, rather than a true logo form.
All this to say...the case was stupid. Glad its been dropped.
Sent from my Samsung Galaxy Tablet using Gator Country
kygator
01-18-2013, 08:37 PM
Seems like Bass Pro Shops apologized.
http://www2.tbo.com/news/business/2013/jan/12/6/bass-pro-cuts-bait-on-legal-challenge-to-logo-ar-605278/
Glad it ended this way.
rpmGator
01-19-2013, 07:07 AM
Another example of lawyers doing something to make a buck, before the owner even knows it is being done in his name.
The ownere going directly to the shop, apologizing and repaying any lost funds for the little guy, is something Bass Pro can be proud of.
Now they need to fire a few people in the legal department...
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