Pattern Rip-Off or Not?

I didn't want to put this in 'Sound-Off', just yet. I want to make sure I'm not misreading the article or mistaken before writing something I'll later regret. So, I'm asking for your opinion(s) of the article and perhaps your knowledge of fly pattern history. Now maybe this is an 'eastern' thing so here's the story and I'll look forward to reading your opinions:

Reference the 'Fly Fishing Guide', August issue, "Fly Of The Month"(p. 5), by Jerry Stercho.

"As I released it, an angler walking by stopped to watch and asked, "What fly?" I showed him Kissel's Black Bug and he said, "Oh, a Shamokin Special.
The Shamokin Special has a body of peacock herl. Both featured no tail and palmered grizzly hackle.
Recipe: Hook - dry fly, size 12-16; Thread - 6/0 black; Body - Peacock herl, tied fat; Hackle - Grizzly, palmered."

Now, about 25 years ago I lived, worked and fished in the same area of PA as the author of this article. I've known about this same fly and have been using it for at least that long. As far as I can tell, it has always been known as the 'Griffith's Gnat'. It was the favorite pattern of the owner of the Angler's Warehouse(a fly shop in Williamsport, PA that closed years ago) Since this pattern is well known and not specific to that area, the information about the pattern contained in this article surprised me.

In 'Fish Flies', Terry Hellekson lists the Griffith's Gnat with the same recipe. He writes that, "George Griffith originated this pattern for Michigan's AuSable River. It was developed to simulate hatching midge clusters ... "(pg. 359)

So, I wonder how a renown fly pattern gets published, by an experienced writer, under the guise of another pattern name? Oh, and this magazine did almost the same exact thing about 10 years ago. At that time the article was written by another author who credited himself for developing a brand new pattern. However, that pattern was also renown and highly published.

I was going to email the publisher but there's no email address listed in the magazine. I'm just not sure if I should write a letter to the editor. Maybe my knowledge about this pattern is wrong? What do you think?

Allan

[RonMT]

Allen I understand were you are coming from but My advice is to just let it go.
I have had no less than 5 different pattern's stolen over the years. 3 by one guy. I got a call from a friend that had recieved his new Orvis catalog and in it were 3 of my pattern's. I know this person well and he has seen me tie these pattern's at several show's. The best part was that I tied them for the shop of the guy who's name was on them in the Orvis catalog. I stopped tying for him and he is now out of business. So I guess it all works out in the end.

One other one for you. This to show the gall of some people. I did some tying classes in the upper midwest some years back. I had come up with a new leach pattern using brand new materials. I know that no one else had them because at the time I was working for a large company doing just that. Testing new fly tying materials and over seeing the quality of there tiers. So the material at the time was real hard to come by. Anyway at the show This guy comes up and he tells me he own's a shop and asks me if I can get some of those materails for him as he would like to tie those flies for his shop. I said I would see what I could do when I got back home. I got the materails sent them to him. About 8 month's go by and I get a call from a good friend that owns a nice shop back in that area. He tells me this guy has a brand new tying tape out and guess what My pattern is on the tape. Only problem is he has put his name on it. He then writes an article for the Midwest TU mag on this pattern again with his handle on it. A different friend calls TU and tells them that the pattern is not this guy's and explains to them about it. Not much they can do.
I admit that one made me a little mad because he had the gut's to even get the materails from me. But I just let it go. He know's he is lying. He will get his in the end they all do. There are other's but I think you get the idea.

I say just let it go. They do not care what you think In my book they are not worth my time.. So do yourself a favor and be bigger than they are. Just smile at it becasue you know who and what they are. Ron

[lj1909]

thats a good point Ron. i have also seen patterns that i tie go on the commercial market under a different name. Even though im only 14 i told one guy at bass pro shops how to tie a pattern i made up a few days eairler and then the next time i went back i saw my patteren in their fly case under his own name.

Ron,

Maybe I wasn't clear. This is not a pattern that I developed. Now I know that it's quite possible for regional flies to be popular, and even unknowingly developed in other regions. Fly tiers in different areas, especially years ago when communication was lacking, often developed similar or the same flies on their own. However, the Griffith's Gnat is simply a well known, frequently used and well published pattern. There are even guys on this site, from several states, who use it quite often. Many have used it successfully for years, frequently during the famous 'trico' hatch. That's why I found it incredulus that the author/publisher of that magazine would not know of its existence or failed to mention it in this article.

Well, maybe I won't get too hot over this but I still think a letter to the editor, simply stating that the Shamokin Special is nothing but a Griffith's Gnat, is appropriate.

Thanks.

Allan

[Donald Nicolson]

That is one of the most blatant rip-offs I have ever heard, but it is not an uncommon phenomonem in office and company politics. There are a lot of people who are so centred on themselves they seem amazed when someone points out to them what they have done.
Two or three years ago there was an article in 'Fly Tyer' magazine about a wonderfull new fly called I think the 'Peanut'. It had a brown hen hackle and a peacock herl body and was tied on TMC 2488 which is a longish straight eyed hook usually used for nymphs and some dry flies.
I was completely amazed that someone could write such an article and show it on a prestigious magazine and also that the magazine could publish it.
That is what is called here in Scotland 'a right Brass neck'.

[Eight Thumbs]

Hey Tye,

Once again we find out that life is not fair and justice is hard to find unless you have retained a firm full of patent lawyers. The unfortunate fact of the fly naming game is that access to the mass media is a must if your invention is going to carry your name. The local guide who invented a new, successful pattern is almost certainly going to lose it to the first outdoor writer who wishes to claim it. Certainly, most outdoor writers are not flynappers but one or two famous flies with your name on them is a powerful step toward fame and therefore irresistable to a few. A change in wing color, a wire rib or a new type of flash and the fly become yours. Unfortunately. there are a number of stories about some famous angling authors who have "borrowed" flies from local guides. No, I don't want to name names. 8T

[RonMT]

Allen I do understand what you are saying. But it will not do much good for you to say anything to the magazine. Who will they believe? You or the guy claming the fly. I have used the Griffith's Gnat for many years out here while fishing midges. It is a very good pattern and the person that worked it out should be proud of it. He know's that he did a good job and I am sure he is or would be proud of his tying ability. The guy trying to steal the pattern knows what he is.

I have always said you just about have to have totaly new materials to come up with new flies now days. It is very hard to work out a new pattern with the materal on the market today that have not already been tied by some one else someplace. Hard to prove much to. That is one reason that "Some" People think they can get away with taking patterns they in fact did not come up with. The area I live in has a lot of great tiers and very good guides and all of them to a man know who did what. And they also know who "With the big name's" is taking patterns and trying to fool people. You can't keep things like that quit in this business. Heck you know that as you are telling us all about a guy that did this. I do not blame you for being mad it is not rught. I would be a little mad myself. But I have learned to just smile and let it go. Ron

Guys,

After reading the article I didn't think either of the two fishermen were claiming to have 'created/invented/developed' the fly. The gentleman who mentions the "Shamokin Special" was merely pointing out that was the name he associated with the fly and that it was very similar to the fly the author had caught his fish on. The authors had a closely clipped deerhair body with grizzly hackle. The point I guess I failed to make was that the author, who is also the publisher of the magazine, would have immediately recognized the "Shamokin Special" as being the same as the Griffith's Gnat since it's a nationally known pattern and a popular fly in his area.

In a hypothetical similar situation, if a fly fisherman showed me what he called a "Red Belted Peacock", I'd tell the story about the chance meeting, the success he had with the fly, the conversation, and say that I immediately recognized that the fly was identical to the Royal Wulff. I'd also write the article with a little humor to point out how some flies are created.

Allan

[mickporter]

Surely this happens regularly with many patterns. Someone takes a named fly, changes the colour of the thread or something and renames it with a different name.

Can a fly pattern be patented? What rights does an inventor have? Probably none except for a gentlemans agreement....

[Jim Slattery]

Hi Allan,
The only thing I can think of is because the fly is tied in sizes 10 -14 it is too big to be called a Gnat .
On the other hand it is amazing what people will do for the all mighty dollar and a slice of fame. While off point to your question, Ron's and others observations are dead on. I too had a "pattern" ripped off from me. Got a call" How do you tie it" from a tier who was going to tie my pattern because my price was higher than the guide wanted to pay. The fly, which I renamed in one of the phone conversations is the Stimulator.
My advise to the teenager who's fly was ripped off is to go back to the fly shop with his parents and demand an explanation and a correction or they will be hearing from your attorney. It is quite sad that it has come to this but what is right is right and what is fair is fair. I'm sure that the shop wouldn't want to even consider the costs of litigation if they knew they were in the wrong. Nip it in the bud, it will save you years of agitation, no matter how much you try to let it go, if your pattern becomes popular.

Alan, I say write to the magazine and point out there error. How they respond to your letter will clarify your perception of the author and magazine.