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Old 05-02-2011, 09:49 PM
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Thumbs down Re: Cataloging your fly-tying names - by Randal Sumner

Quote:
Originally Posted by swirlchaser View Post
A fly recipe would have to be Patented, not copyrighted. What is copyrighted is the name Kaufman. You can't resell a fly who's name includes a copyrighted name such as Kaufman, Orvis. etc.
I think you have it wrong. Flies using the name of Kaufmann would be trademarked. The recipe with that name could also be copyrighted, but the main name protection would be by trademark. As I said in my previous posting on the subject, securing a bulletproof patent on a fly would be quite difficult to do, although it would give the inventor the best protection against imitators, since copyright protection on a fly recipe is easy to write around. The value of the trademark is just in the name, so its protection value depends upon how valuable just the name is to selling the fly. If you could even patent the fly, in most cases it would be easy to design around and thus worthless, unless the tying of the fly incorporated some unique process or material, and even then, those unique factors would be easy to design around.
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