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It's next to impossible to get a patent for a fishing lure. Scratch the "next to"---for all practical purposes, you can't. You can make an exact copy of an "Ultimate Gizmo" and call it something else, and there ain't a damn thing the Ultimate Gizmo Co. can do about it.
Trademarks are another story. But, you have to find out a) what's trademarked, and b) who really owns it and will they bitch about it?
For example---does Gibbs own the trademark to "Pencil Popper" or do they own the trademark to "Gibbs Pencil Popper"?
The only thing I know for sure about trademarks--because I was asked to check--is that Creek Chub trademarked "darter" back in the early 1950s. As far as I know, they've never asserted any challenge to any other lure builder's use of that name, and in fact may not be able to after the passage of a certain amount of time without complaint.
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