Bowmakers usein the bear name

[Cody Roiter]

Hello Guys, I was just havein a look at post I had on the other web site    ......
Anyways I asked about repo's on the 59 bear  Kodiak bow.. As I been wanted to make one...
Well I know that I am just like the other's out there who are copying this great bow.. But there is one guy( I wont say his name) who looks like he has silk screen bear Kadiak... Now I was thinkin since Bear still has copy rigth.....
Also I know 3riversarchery sells the coins with now any one can buy and put into there bow,, Which is cool with me...( I not putting this guy down I just wanted to ask)

Any help would be great ,

Cody

[TRAP]

Cody, If you look closely you'll see "Replica" under the silk screen.  Perhaps that excuses them from copyright infringement, Not sure.

Apparently it's within the limits of the law to put repro decals on original Bear bows during the refinnishing process.  

Not sure it's quite kosher to put Bear decals on a "reproduction" bow though.

Neat thread over there, I wasnt aware so many different bowyers made repros.  Some are pretty close, some you have to have a fairly good imagination to call them 59 repros.

Trap

[d. ward]

I better get a look at that thread myself.As for the after market decals and coins.Frank told me that was fine as long as those items are used for restoration work only.
As long as you did not put them onto a bow you built it was fine.So for restoration work its OK as for those other guy building bows and putting bears logo onto them.I believe thats a no no even with the word reproduction writen on the bow.Folks would think the repro may have been built by Bear Archery..bd

[kurtbel5]

I was wondering if the repro coins should be "slightly" different, so they are not resold as originals?
What do you guys think?
             Kurt

[TRAP]

I think they should be exact Kurt, with perhaps a KB stamped on the backside.

Trap

[mwmwmb]

Where is this thread?

[TRAP]

Stickbow.com  Mickey

[Daddy Bear]

I didn't think anyone made an exact replica of a 1959 Bear Kodiak. I think some make versions of that style of a bow, but they are not exact copies. If you had an original alongside the modern "reproductions", I think they'd all look different. I also believe they do not share the same names; as example, 59r, Fifty-Niner, Kadiak, etc.

To me it would only be an issue if someone made a copy to be passed off and sold as being an original Bear product.

[TRAP]

Some are pretty close repros.  It would be easy for someone that has actually held a true 59 Kodiak to spot a fake, but for someone that hasnt they might be fooled if the proper decals and coin was in place.

 
 

I use pictures of the Holcomb Maple Sight Window on e8ay in my feather rest ads and people have sent me messages trying to buy the bow thinking it was a Bear.

Trap

[d. ward]

Hey Kurt every repro coin I've ever seen was a bit different.I mean they will have slight differences.The original repro copper coin you will note the bear has no eye.Val's repro coins were cast and are pretty easy to spot.If I were makeing them for restoration work I would make them as exact as possible.
As for contacting Bears legal I would not waste my time talking to them no matter what they told me.I got the OK and blessing from Frank long ago.I would'nt care what they said.bd

[TonyW]

The next phase will be making real Sterling silver raised replicas of the raised plastic buttons for the new line of "Silver Edition" bows.

What is nice is that the real McCoys are still popping out of storage - my brother gave me a '59 Grizzly he found at a yard sale after he let it languish in his garage for a decade!

[TRAP]

Now that was funny....

"if they even have one anymore"  

If they do have a legal deptartment, I'm sure they are much busier with the wheelie side of the industry than what a few "reproductionists" are doing.  I'd bet there isnt a Bear Archery Legal Representative that has ever touched a 59 Kodiak.

Trap

[TonyW]

All kidding aside - the boys are on the job:

Hunter's Specialties, Inc v. Bear Archery, Inc

Plaintiff: Hunter's Specialties, Inc
Defendant: Bear Archery, Inc
 
Case Number: 1:2008cv00111
Filed: September 9, 2008
 
Court: Iowa Northern District Court
Office: Trademark Office [ Court Info ]
County: Linn
Presiding Judge: Chief Judge Linda R Reade
Referring Judge: Magistrate Judge Jon S Scoles
 
Nature of Suit: Intellectual Property - Trademark
Cause: Federal Question
Jurisdiction: Federal Question
Jury Demanded By: 15:1051 Trademark Infringement


Hunter�s Specialties, of Iowa, is filing suit against Bear Archery, alleging infringement of their Undertaker trademarks.

[kurtbel5]

I just saw a thread on LW,
So there is a Ca. Boyer (Vintage Works) making replica's with the coin and decal,only nod towards it not being a Bear is the writing.
Seems like infringement?

[kurtbel5]

I didn't get a look at the decal,I was looking at the handwriting on the riser.
Look very nice,one of the closer replica's.