Custom cue question

Fishinguy

Fishinguy

Member
I have a cue made from a reputable maker that has been in the family since the mid 80’s. Through all the research I have done it is most likely a true one of one. Said cue maker has retired and I’d like to have a remake made with a little twist from me in the veneer colors. Do I have to get his permission to have the stick made? I don’t want to intrude on him asking permission if I don’t have to.
 
Fishinguy said:
I have a cue made from a reputable maker that has been in the family since the mid 80’s. Through all the research I have done it is most likely a true one of one. Said cue maker has retired and I’d like to have a remake made with a little twist from me in the veneer colors. Do I have to get his permission to have the stick made? I don’t want to intrude on him asking permission if I don’t have to.
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Odds are he copied it. Like to see a picture.
 
mikemosconi said:
No- not a patented design.
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You can't patent a decorative design. You may be able to copyright the design.

I think that copying the design and just changing a veneer color is pretty low, of the design is unique.

As mentioned before, the design isn't likely unique. If it consists of the same old diamonds, dots, propellers, etc., go ahead an remake it.
 
Patent, copyright, trademark are intellectual properties. Even if the cue design was protected by any of these, you will not be infringing with personal use.
 
DeeDeeCues said:
You can't patent a decorative design. You may be able to copyright the design.

I think that copying the design and just changing a veneer color is pretty low, of the design is unique.

As mentioned before, the design isn't likely unique. If it consists of the same old diamonds, dots, propellers, etc., go ahead an remake it.
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Why do make statements that are total B.S ?

Dan Janes received a Design patent back in 1995 for a pool cue.

Predator has design patents for their Poison line.

If you care to understand the requirements read here:

https://thebusinessprofessor.com/en_US/property-law/requirements-for-a-design-patent

Piss off dope head!
 
From your reference…

“The design of the creation must also meet novelty and non-obviousness requirements.”

DeeDeeCues said:
You can't patent a decorative design. You may be able to copyright the design.

I think that copying the design and just changing a veneer color is pretty low, of the design is unique.

As mentioned before, the design isn't likely unique. If it consists of the same old diamonds, dots, propellers, etc., go ahead an remake it.
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Cocoa said:
Why do make statements that are total B.S ?

Dan Janes received a Design patent back in 1995 for a pool cue.

Predator has design patents for their Poison line.

If you care to understand the requirements read here:

https://thebusinessprofessor.com/en_US/property-law/requirements-for-a-design-patent

Piss off dope head!
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Damn, that was pretty aggressive!


From your reference…

“The design of the creation must also meet novelty and non-obviousness requirements.”

Given that, even though he was obviously wrong with his first sentence, unless there’s something novel, non-obvious, and unique about the particular design, the rest of the post is likely completely true.

Interesting. I have to admit I learned something here today too.
 
Thanks all for the replies. I guess I wondered if there was common courtesy among custom makers that they didn’t like to do that.
 
Fishinguy said:
Thanks all for the replies. I guess I wondered if there was common courtesy among custom makers that they didn’t like to do that.
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Well there is a little of that courtesy between makers however it's impossible to build a cue without using some other design elements or general basic design parts that have been used for decades. As for achieving a specific look different makers can do it using different techniques and still make it look very close.
Someone said for personal use it wouldn't be a problem and I agree. If you wanted to make a hundred of them to resell then you may run into problems with custom makers wanting to do it.
 
I built a custom cue 20 years ago based on the customers spec on weight, length, points, wrap, inlay, woods. Turned out it was a copy of another cuemaker design except I did recuts not veneered points but inlay same. I didn’t know it was a copy but got ripped on this forum for it. Luckily was “forgiven”. This is a problem, when you do custom. And I have turned down customer specs if it’s obvious it’s a copy. And I know many of my customers so it isn’t a problem. I don’t need to copy another cuemakers work.
 
Why would a retired cue maker be concerned?
And if you had it made and sold it you would disclose it’s a replica.
I considered a copy of my Doc Frye.
 
Any cue design can be reproduced by another cue maker despite the protests
you’ll hear about stealing another’s man work or design. Imitation is said to be
the most sincere form of flattery and if that’s true, then it’s epitomized with cues.
 
Fishinguy said:
I have a cue made from a reputable maker that has been in the family since the mid 80’s. Through all the research I have done it is most likely a true one of one. Said cue maker has retired and I’d like to have a remake made with a little twist from me in the veneer colors. Do I have to get his permission to have the stick made? I don’t want to intrude on him asking permission if I don’t have to.
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Personally, I don’t like this idea. Especially if if’s a unique design. You don’t have to get permission, but hardcore cue collectors will have a range of feedback from simple eyebrow raising to accusations of Cue Design Theft.
 
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