Link: http://www.anglingtrade.com/2013/05/29/tenkara-takes-knock-off-case-to-court/
Interesting story.
Things “ain’t what they used to be”.
Reminds me of what a friend told me who owns a fly shop. He said he was not making much selling high-end rods. Few sold and his “cut” only about 35% - depending upon the quantity he orders - and might have to sit on his inventory with new models coming out each year.
He said the bigger sellers in his shop were the lower tiered rods. In addition, he said he could have his “own brand” manufactured in Korea and make a lot more on each rod sold as well as being able to say they were his design…
You wonder about patent rights. For example, is the special methodology used to make Hardy Rod’s Zenith series patented? Or is it too expensive to copy?
I suspect that rod manufacturers in Korea can make an IM6 or IM7 rod just fine and would not violate a patent?
DFS said this on their Facebook page: “Tenkara Has Arrived! Our model is 13’ and extends to 14’ 7". Come check them out at the shop or at the sportsman’s show. Identical models sell for $235. Ours is $100!”
Certainly seems to be an intent to copy and also use TUSA’s prior reputation to sell the DFS rod.
Next appears to be this meeting: Scheduling/Planning Conference for 7/8/2013 at 10:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe.
What a load of crap.
It’s called competition. The TUSA guy apparently thinks he should control the entire “tenkara” concept in the USA and got his feelings hurt that someone else is doing the same thing now… AFTER he goes to china to get it done!! What the hell does he think his chinese compatriots do better than anyone else on earth?
Perhaps DFS could have been more careful of the wording in their advertisements, but TUSA needs to get over it and put on their big-boy pants. By their logic, there should only be one fly rod company, or one spinning rod company, one fly line company, etc.
HMMMMM, Good product which performs well and is priced at $235. Next to it is a good product which performs as well and is priced at $100.
Or perhaps I’m not reading it correctly. Is it based on the name? That would be akin to Ford saying no other motor vehicle manufacturer could call something a “car” or an “automobile”.
Either way, it’s another illustration of snobbery and ego which just perpetuates the perceived elitism of the fly fishing community.
Changed to private message
It can’t be a “Chinese knock-off” of a product MADE IN CHINA as the article states the TUSA rods are. It would be just a regular knock-off. LOL
IMO guy just has his panties in a twist that someone is beating him at his own game. That’s pretty much what the business world IS.
He shouldn’t worry, there will still be some elitist kool-aid drinkers who will be willing to spend $135 for a “Tenkara USA” sticker on their $100 Hecho en China rod blank.
Easy there Big Fella, the kool-aid folks may come a knocking…
Brad
And I thought I was an “elitist” buying all my rods directly from Japan or rods that are actually made in Japan. Considering that the cost of one MIJ premium T-rod is less than many “economy” western fly rods and only a little more than a TUSA rod, I am happy. Try a keiryu or seiryu rod like the Daiwa Sagiri or Nissin Fuji Tenkara and you will see why the term elitist, if it is applied in this sport, has less to do with money and everything to do with performance (and ounces).
One more little observation and then I am moving away from this baloney and going fishing: If TUSA does not prevail in the litigation, will a precedent be set that opens up a reverse engineering nightmare whereby unsuspecting new T-anglers might buy the cheapest rods they can find believing that there is no difference in quality - just a price difference. Something has to be lost in each generation of knock-off to a point where eventually the result is a pretty crummy rod. I actually hope the cease and desist is awarded. Tired of seeing a new Chinese sourced, private label rod every week.
I haven’t seen the DFS rod, but if it is indeed “identical” to the TUSA Ito, it probably wasn’t the best idea to market it as “our own version of the Ito, made by the same rod manufacturer”. The concept of the zoom rod is not proprietary to TUSA and others were in the market long before TUSA. There was already a well known tenkara rod that also zooms from 13’ to 14’-7, and coincidently the TUSA rod is marketed for much less money than that competitors zoom rod. Sounds familiar, right? It’s called competition. TUSA did have the common sense and innovation to come up with their own design though. There’s also another tenkara rod in the market that has some very familiar looking almost iconic “green stripes” on it that resemble the TUSA Ayu. I’m guessing that rod, if not already, will become an issue as well. When I first saw it I thought to myself “what the heck were they thinking?” If you’re trying to make a name for yourself, why put out the same or very similar product and paint it to look the same or make a claim that it’s “identical”. It’s just screams CHEAP KNOCKOFF to me. Maybe it won’t be long before we can all go down to our local flea market and get a new Shimano Tenkara 34-38 ZL for an unbelievably low price of $60.00 :eek:
Cheers I’m gonna go have a beer. That’s another wagon I’m not planning to get on any time soon.
JD
Wasn’t long ago that I bought an Okuma Airframe reel that was “identical” to the crosswater reel that redington sold…down to interchangable parts…for 1/2 the price…
Rebranding, or patent infringement?
I realize that you prefaced the foregoing post with the intention not to insult anyone, however in the very first sentence you make a disparaging remark about lawyers. What is that about? Next is the assertion that TUSA did not copy any of the Japanese designs in developing their rods - I suspect that they did and can only suspect because I am not privy to their original sourcing scenario in China. As a consumer, I act on those “gut feelings” and purchase products only from rod companies that I am convinced make proprietary, original designs based on the detailed input of experts. Perhaps they did engineer tapers from scratch. I certainly hope so. It is a pretty bold statement if you really don’t know for sure. I tried a TUSA Iwana when they first came out, felt it was tip heavy and sent it back. Like you, I have found rods over the last couple of years that better meet my needs and expectations. And, no doubt, the TUSA warranty is a plus - probably the best thing they have going. Their rods seem to be improving and getting into the hands of many anglers (some who have never fished) and that is a good thing. I really do hope TUSA prevails in this litigation and sets precedent because, like I said before - I am sick of seeing a new, reverse engineered T-rod every week. Moreover, it will help to discourage false or misleading advertising so rod buyers can make a better educated purchasing decision. DFS just plain brought this on themselves with the thoughtless hype. Frivolous - I think not.