Colby and Alan have done a tremendous job on ORCA’s trademark site.
Here is an update for a turn of the century rod and fly maker, John B. McHarg, and his use of a “fox with fish” and “elk/stag” (based on Sir Edwin Landseer’s epic 1851 painting “The Monarch of the Glenn,” also used by The Hartford). Perhaps he never formally registered either trademark but he definitely used them.
1905 “Who’s Who in New York”:
A few fly packages with one or both of the “trademarks” McHarg used (first two, photo credit to Bob Jones NFLCC NY; the last three are photos I took from my collection):
Trademark update: John B. McHarg
Trademark update: John B. McHarg
Mike N.
ORCA Founder, 1990
ORCA Founder, 1990
- RonG
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Re: Trademark update: John B. McHarg
That's interesting info Mike. I always though the fish in the fox's mouth was a curious trademark.
Ron Gast
https://reelsnlures.com
https://reelsnlures.com
Re: Trademark update: John B. McHarg
There is information that the grandfather, James McHarg was a gunsmith in Rome, NY.
Here is an ad from the May 28, 1874 issue of Forest & Stream for John B. McHarg (Sr.’s) tackle business in Rome, NY:
Here is an ad from the May 28, 1874 issue of Forest & Stream for John B. McHarg (Sr.’s) tackle business in Rome, NY:
Mike N.
ORCA Founder, 1990
ORCA Founder, 1990
- RonG
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Re: Trademark update: John B. McHarg
Hey Mike,
If you are interested in McHarg, you should get Arlan Carter's book "19th Century Fishing Lures." He has about a dozen pages of McHarg history and fishing lures. Here's a couple that would be nice to own.
If you are interested in McHarg, you should get Arlan Carter's book "19th Century Fishing Lures." He has about a dozen pages of McHarg history and fishing lures. Here's a couple that would be nice to own.
Ron Gast
https://reelsnlures.com
https://reelsnlures.com
Re: Trademark update: John B. McHarg
Thanks, Ron.
That top photo shows the “Dog with bird in mouth” trademark that has been mentioned.
Mike N
Mike N.
ORCA Founder, 1990
ORCA Founder, 1990
Re: Trademark update: John B. McHarg
Here is photo to document a second rare McHarg fly envelope found in an estate several years ago in the Mohawk Valley of New York, showing both the fox with fish and stag trademarks.
(Photo credit T. Wight)
(Photo credit T. Wight)
Mike N.
ORCA Founder, 1990
ORCA Founder, 1990
Re: Trademark update: John B. McHarg
I posted the following on the Classic Bamboo Rod forum regarding the difference between a “trade brand” and a “trademark,” and I thought it might be useful on this topic, as well:
Think of a “trade brand” in its simplest terms as a cattle brand— it’s a mark that differentiates your property from another’s property.
However, unless your brand is registered with the US Patent and Trademark Office as a “trademark,” others may be free to use it without legal repercussion. [As the International Trademark Association website notes: “The United States has a two-tiered system of trademark protection: federal and state. A federal registration, under the Lanham Act, gives the registrant rights throughout the entire United States and its territories and possessions; a state registration gives the registrant trademark rights only within the territory of the state.”] On occasion, a business may attempt to get some basic protection of a logo, for instance, without formal trademark registration by placing the initials “tm” after the brand.
For example, you may have a local BBQ joint in your hometown with a drawing of a dancing pig on its billboards, and napkins and carry-out bags. When you see that dancing pig you think of ribs and your mouth waters. That is the restaurant’s trade brand. Often though, because the risk of someone actually copying it are low, the “dancing pig” may never have been registered as a trademark.
Think of a “trade brand” in its simplest terms as a cattle brand— it’s a mark that differentiates your property from another’s property.
However, unless your brand is registered with the US Patent and Trademark Office as a “trademark,” others may be free to use it without legal repercussion. [As the International Trademark Association website notes: “The United States has a two-tiered system of trademark protection: federal and state. A federal registration, under the Lanham Act, gives the registrant rights throughout the entire United States and its territories and possessions; a state registration gives the registrant trademark rights only within the territory of the state.”] On occasion, a business may attempt to get some basic protection of a logo, for instance, without formal trademark registration by placing the initials “tm” after the brand.
For example, you may have a local BBQ joint in your hometown with a drawing of a dancing pig on its billboards, and napkins and carry-out bags. When you see that dancing pig you think of ribs and your mouth waters. That is the restaurant’s trade brand. Often though, because the risk of someone actually copying it are low, the “dancing pig” may never have been registered as a trademark.
Mike N.
ORCA Founder, 1990
ORCA Founder, 1990