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Message
Yellowfin Boats is suing Barker Boat works for stealing trade secrets
Posted on 6/29/16 at 11:51 am
Posted on 6/29/16 at 11:51 am
LINK
quote:
A product's trade dress is protected at the federal level by the Lanham Act, the primary trademark statute in the United States. Now, Yellowfin is suing a competitor, Barker Boatworks, which was founded in 2014 by Kevin Barker, a former Yellowfin vice president. So far, Barker Boatworks has delivered 20 boats and has orders for 50 more. Yellowfin is alleging that Barker violated its trade dress rights by making boats that are very similar to in design to theirs. Yellowfin also has accused Barker of stealing trade secrets from the company where he worked for four years, allegations his attorneys have denied.
5
Posted on 6/29/16 at 11:58 am to meauxjeaux2
Didn't read the article, but this suit just makes Yellowfin look like absolute douches. To sue under the pretense that Barker violated the Lanham Act because the lines of the damn boat are too similar is laughable. I'd be shocked if any court found that lines of a boat were distinct enough such that they created confusion (two of the elements necessary for recovery under the Lanham Act). Bay boats are much too similar.
If that argument is accepted, you could line up probably 6 different high end boat companies and sue them all. Never in my life have I looked at a Skeeter and thought it was anything but a Skeeter, or a Pathfinder was anything but a Pathfinder. There are so many more factors that go into the distinctiveness of a high end boat than the lines. How stupid.
If that argument is accepted, you could line up probably 6 different high end boat companies and sue them all. Never in my life have I looked at a Skeeter and thought it was anything but a Skeeter, or a Pathfinder was anything but a Pathfinder. There are so many more factors that go into the distinctiveness of a high end boat than the lines. How stupid.
This post was edited on 6/29/16 at 12:02 pm
Posted on 6/29/16 at 12:20 pm to bluemoons
Kinda agree, they don't really even look like direct rip offs, if anything I'd say the Barker looks more like the EPIC boats than the Yellowfins. 
Posted on 6/29/16 at 12:41 pm to YOURADHERE
I can't remember, but do Yellowfins have that stepped hull like a Fountain?
Posted on 6/29/16 at 12:58 pm to Hammertime
No but most boat builders are going to the stepped hull design. It's nothing specific to certain brand.
Posted on 6/29/16 at 1:14 pm to PapaPogey
I thought Fountain came up with the concept way back when
Nevermind, I was thinking of Formula
Nevermind, I was thinking of Formula
This post was edited on 6/29/16 at 1:20 pm
Posted on 6/29/16 at 2:24 pm to meauxjeaux2
quote:
“There's a big difference between buying a can of Red Bull and purchasing an expensive boat,” he said. “When you get into the real of big-ticket luxury items like a boat selling for several hundred thousand dollars, no discerning consumer who has millions of dollars to spend would actually be confused between a Yellowfin and a Barker. Nobody buying a Barker boat is ever going to say, 'Damn. I thought it was a Yellowfin. I was confused.'”
i'm surprised they are suing for trade dress infringement and not straight-up theft of intellectual property. barker was a VP at YF, he certainly had access to patented design criteria and knowledge of trade secrets and customer info. the barker boats definitely share lines with YF boats, as do some others.
back in the day it was not unusual for one company to make a direct mold of a competitor's hull and then just make enough changes to stay clear of the lawyers. in this case, barker had enough info that he didnt have to do that
no way YF wins this case, so like i said, unless that have no proof, i'm surprised that arent pursuing a theft case
Posted on 6/29/16 at 2:39 pm to cgrand
The Lanham Act, Copyright, and U.S. Patents provide the civil redress for "theft" of intellectual property. Theft is criminal.
I just read the article and totally agree with the cited attorney's opinion (evidenced by my earlier post ha). Unless there was a non-compete, I don't even think they have a case. Bay boats are far too similar to allege confusion based on two boat companies that have similar lines.
I just read the article and totally agree with the cited attorney's opinion (evidenced by my earlier post ha). Unless there was a non-compete, I don't even think they have a case. Bay boats are far too similar to allege confusion based on two boat companies that have similar lines.
Posted on 6/29/16 at 2:51 pm to meauxjeaux2
If you cant beat the competition, you tie them up in litigation to drain them of time and money until you can beat them.
Posted on 6/29/16 at 2:53 pm to bluemoons
Are they claiming that Barker splashed one of their hulls? Maybe he stole their layup schedule but I'm not sure how you could prove that without cutting one up.
Weird. Hells bay got BT to destroy their B2 molds, but that was a cut and dry case of splashing.
Weird. Hells bay got BT to destroy their B2 molds, but that was a cut and dry case of splashing.
Posted on 6/29/16 at 2:57 pm to meauxjeaux2
Post some pics of the ones in question
Posted on 6/29/16 at 3:00 pm to Hammertime
So Yellowfin steals its design from the Coch 27 and that's ok. But if Barker uses it, lawsuits must be filed.
Yellowfin takes a credibility hit with me on this one.
Yellowfin takes a credibility hit with me on this one.
Posted on 6/29/16 at 3:01 pm to PapaPogey
quote:
No but most boat builders are going to the stepped hull design. It's nothing specific to certain brand.
This is wrong. They absolutely do have stepped hulls.
Posted on 6/29/16 at 3:14 pm to Barf
quote:
If you cant beat the competition, you tie them up in litigation to drain them of time and money until you can beat them.
100%, that's what they're doing.
quote:
Hells bay got BT to destroy their B2 molds, but that was a cut and dry case of splashing.
Exactly. BT literally stole the Waterman mold
.This post was edited on 6/29/16 at 3:15 pm
Posted on 6/29/16 at 6:41 pm to bluemoons
quote:
Exactly. BT literally stole the Waterman mold
Indeed they did and it wasn't even close to being debatable.
Posted on 6/29/16 at 6:51 pm to Howard Juneau
quote:
This is wrong. They absolutely do have stepped hulls.
My bad I thought we were talking bay boats
Posted on 6/29/16 at 7:32 pm to PapaPogey
:googlesBarkerBoatworks:
Is this a less expensive Yellowfin with the same performance? Thanks for the notification Yellowfin!
ETA: not certain these are less expensive at all.
Is this a less expensive Yellowfin with the same performance? Thanks for the notification Yellowfin!
ETA: not certain these are less expensive at all.
This post was edited on 6/29/16 at 7:46 pm
Posted on 6/29/16 at 7:38 pm to Sid in Lakeshore
quote:
“As set forth in greater detail below, an initial review of some of the information from that laptop computer, together with other information learned by Yellowfin regarding Mr. Barker's activities during the days leading up to his departure from Yellowfin in May 2014 and even the days after his departure, reveal that Mr. Barker did take sensitive, proprietary and confidential information from Yellowfin,” court documents state. “Because of that, Yellowfin sought leave to amend its complaint, which the Court granted on August 31, 2015, to add a claim against the Defendants for theft of trade secrets.”
Whoops........
Posted on 6/29/16 at 8:13 pm to meauxjeaux2
quote:
Yellowfin Boats is suing Barker
No such thing as bad publicity. When this is over, thousands of people will have heard of Barker who never would have before.
And he comes out looking like the little guy being picked on.
There's nothing negative about this if you're Barker.
Posted on 6/29/16 at 8:27 pm to Sid in Lakeshore
quote:
Is this a less expensive Yellowfin with the same performance? Thanks for the notification Yellowfin!
You couldn't be more wrong.
Used
This post was edited on 6/29/16 at 8:37 pm
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