BIRMINGHAM, Ala. – B.A.S.S., upon the recommendation of its Bassmaster Elite Series Rules Committee, has amended its tournament rules to limit anglers competing in the Bassmaster Classic and Bassmaster Elite Series to the use of a single lure during practice and competition.
The rule change, which does not apply to Bassmaster Open, B.A.S.S. Federation Nation, College B.A.S.S. and other events, clarifies the intent of long-standing rules permitting only one rod, one reel and one cast at a time. No longer permitted are double soft-jerkbait rigs, dropshot rigs with jigs used as weights, double topwater setups and other multi-lure rigs, such as “umbrella rigs.”
The change becomes effective Feb. 1 and includes the upcoming Bassmaster Classic at Shreveport-Bossier City, La., Feb. 24-26.
Elite Series Rules Committee members, comprised of 2012 Bassmaster Elite Series qualifiers, seemed most concerned about new multi-lure rigs such as the Alabama Rig, which Bassmaster Elite Series pro Paul Elias used to win an event on Lake Guntersville in October. In the weeks since, tens of thousands of the multi-lure devices have been sold, and they have proved extremely effective in both recreational and competitive fishing.
The Alabama Rig and similar setups from other manufacturers consist of a weighted head with five wire leaders trailing behind. Soft plastic swimbaits and similar lures are attached to the leaders, imitating a school of baitfish.
Rules Committee members believe the rig eliminates some of the skill that should be required in tournament competition at the highest level. “It doesn’t matter how you work it,” said one of the anglers. “The fish can’t help themselves.”
“The Alabama Rig has become enormously popular in recent months, and it has definitely had an impact on the tournaments in which it has been used,” noted Trip Weldon, B.A.S.S. tournament director. “Personally, I have enjoyed catching bass on umbrella rigs and found them to be very effective in some situations. I have witnessed firsthand the excitement this technique has generated in our sport.
“However, the Elite Series Rules Committee members unanimously asked to be held to a higher standard,” he added. “We have decided to honor their recommendation.”
The rule change follows a precedence of imposing more stringent restrictions in Elite Series and Classic competition than in other B.A.S.S. events. For example, landing nets are prohibited in the Elites and the Classic but not in other circuits. Additional rules specific to the Elites include off-limits periods, no-information restrictions and new limits on boats that can be used in competition.
B.A.S.S. officials emphasized that the decision should not be construed as disapproval of multi-lure rigs.
“We are as excited as the rest of the country about the new multi-lure rigs,” said Bruce Akin, B.A.S.S. CEO. “We will continue to cover new ways to utilize these tools in Bassmaster Magazine and on Bassmaster.com. Our Classic and Elite tournaments simply have a higher standard for the sake of competition. The rest of us will enjoy learning how to catch more fish with these tools.”
A Rules Committee member added, “I don’t have a problem with the use of umbrella rigs or multi-lure rigs to catch bass. If you are out fun fishing, there may be nothing more fun to use. However, our events represent the highest level of professionalism in our sport and I think as participants of these events, we should be held to a higher standard, as well. I like the idea of one rod, one reel, one lure.”
The Impending Legal Challenge
If you've been checking out any of those YouTube videos featuring castable umbrella rigs the past week, especially any that entail the moniker "Alabama RigTM" or "A-RigTM" in their title and that don't directly reference that particular bait brand, then you've probably seen the posts in the comments section from Slick Lures, LLC co-owner Tammy Poss warning of illegal name use and threatening lawsuits. So while the actual patent is still pending, the trademark for both those names has been issued by the USPTO, and the warning shots are being fired.
While her use of some of the terms are confused/confusing, the basic premise is still there. Trademarks protect names, titles, short phrases and other symbols that distinguish the source of one product (or service) from another. Copyright, a term she sometimes uses in her posts, actually refers to protection of material creations, things like the specific content on my blog, a song by an artist, or a novel or story by an author.
So why trademark protection? According to the writings of the U.S Supreme Court, "[T]rademark law, by preventing others from copying a source-identifying mark, 'reduce[s] the customer's cost's of shopping and making purchasing decisions,' for it quickly and easily assures a potential customer that … the item with this mark … is made by the same producer as other similarly marked items that he or she liked (or disliked) in the past. At the same time, the law helps assure a producer that it (and not an imitating competitor) will reap the financial, reputation related rewards associated with a desirable product."
Part of owning a trademark also entails proper usage and defense of that trademark. For example, the terms 'aspirin', 'cellophane', and 'elevator' were all trademarks at one point afforded protection under federal laws. However, over time and due to improper use, the marks slipped into the public domain. As such, it is best to think of trademarks as adjectives and not nouns. When a trademark holder uses his mark, it should be along with a generic term. They should ask for a Xerox photocopy, not a Xerox, or for a pair of Nike shoes, not for a pair of Nikes.
Anyway, they've got their hands full trying to protect the use of the two terms, and possibly an even bigger challenge if and when the patent gets issued. We recently saw Z-Man file a lawsuit on March 28, 2011, alleging that Phenix's Vibrator jig infringed the patent and trade-dress rights of the ChatterBait lure, a lawsuit they successfully won. And several of the YouTube videos have already been removed by the mere threat of infringement and litigation. Yet the larger battles have yet to be waged in this arena. You'll probably be hearing a whole lot more over the coming months in this regard, especially once the patent is granted.
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