Hull design Copyright/Patent Infringement?

[cla17]

Hello,

I have designed a ski/wakeboard boat and am currently working on the hull plug. I have borrowed heavily from other manufacturers designs as to not put a piece O crap in the water my first go around. My thoughts are: Can these other companies come after me for borrowing elements of their designs i.e.: underwater gear placement, width/length, and chine lines? I have borrowed several different things from most of the current boat designs which I think make a totally new design for a boat. I guess my question is:

Can you patent a boat hull design? I have done extensive research and never seen a patented hull mentioned (in literature or marked on a boat).

Do I have anything to worry about? What degree of change needs to be made to a boat design to not step on peoples toes?

I hope to put this boat into production and definitely don’t want any legal hassles down the line.

Thanks for your knowledge...

Until someone gives you a better reply, here are a couple threds which touch on this issue for you to see if you haven't already:

Hinckley's Picnic Boat 'Unique Overall Appearance" Trademark Case:
http://boatdesign.net/forums/showthr...=&threadid=201

design patents?
http://boatdesign.net/forums/showthr...=&threadid=385

stepped hulls
http://boatdesign.net/forums/showthr...=&threadid=202

[cla17]

Thanks Guest,

From what I gathered from the links, and links in these links is:

As long as I don't "splash" anyone elses hull I should be fine. I am sure my design is completely distinguishable from the others in this arena. I guess the problem lies in the fact that most ski/wakeboard boats share a lot of similar elements. Companies are starting to develop their own styles now but even as early as 10yrs ago most ski hull were as cookie cutter as it gets.

Any other input is welcome...

Right now there are two types of patents/trademarks: functional trademarks and "style" trademarks (ala Hinkley and the picnic boat).

If you lift functional aspects like steps and they're recognizable and patented, you might very well run into trouble.

As far as "style" trademarks, that's something new and I don't know enough to comment. My take is that if you are relatively small, you won't have problems. If you start stealing market away from the major players and don't have a development chain to prove to the world that the design is yours and not theirs with some changes, you might get sued...

Again, I'm not an expert on this so maybe others will jump in and provide more accurate advice.

[icetreader]

This is the URL of the US Patent and Trademark Office (USPTO): www.uspto.gov
You can find in it information on utility and design patents as well as information on patent lawyers.