As Team Roping and the Western industry grows, many new and improved products are reaching the market. Some of these products are protected by United States Utility Patents. It seems that as soon as most great products hit the market, some unscrupulous individual or company makes an attempt to “rip-off” the product. What kind of problems does that create for you when you make, use or sell those products? What do you need to know before you get caught with thousands of dollars of legal fees and infringement damages? There are many misunderstandings about Utility Patents. The following information addresses some common misunderstandings. It is not intended as legal advice. Contact a Patent Attorney for complete information.

U.S. Patents No. 6,651,409 and 7,222,473 

Authentic, Crooked Stirrups are clearly marked. If your stirrups are angled or sloped and aren’t marked, you probably have illegal, knock-offs.
Some stirrups manufactured after May 29, 2007 are marked with the Crooked Stirrups logo and U.S. Patents No. 6,651,409 and 7,222,473	Click to Enlarge
Removable stirrup rods made for covered Crooked Stirrups after May 29, 2007 list both the ‘409 and the ‘473 patents?	Click to Enlarge
Some stirrups manufactured after May 29, 2007 are marked with the Crooked Stirrups logo and U.S. Patents No. 6,651,409 and 7,222,473	Click to Enlarge
Removable stirrup rods made for covered Crooked Stirrups prior to May 29, 2007 and after November 2003 list the ‘409 patent.	Click to Enlarge
Stirrups manufactured after November 2003 are marked with the Crooked Stirrups logo and U. S. Patent No. 6,651,409.	Click to Enlarge
Stirrups manufactured before November 2003 are marked with the Crooked Stirrups logo and Patent Pending.	Click to Enlarge

True or False? 

• I can make an unauthorized copy of a patented product for my own use. 
• I can make, use or sell an unauthorized copy of a patented product because I changed a few things about the product. 
• I can buy or use an unauthorized copy of a product because I didn’t make it.  
• I can use an unauthorized copy of a product because it was a gift. 
• I don’t have to worry about patent infringement until the patent is issued. 

The answer to each of the above is FALSE !

What is a Patent?
A patent is a grant giving the patent owner the right to exclude others from making, using, or selling the patented invention for a certain period of time. Once the patent is issued, the inventor has the right to protect the invention from infringement and recover damages resulting from infringement of the patent, including up to three times actual damages if the infringement is found to be willful.

What does Patent Pending mean?
The marking “Patent Pending” associated with a product is used to indicate that a patent application has been filed with the U. S Patent Office for the product and that the Office is processing the application. It is a warning that once the patent is issued, anyone who makes, uses, or sells unauthorized products in the U.S. or its territories will be liable for patent infringement.

What is Infringement?
Anyone making, using or selling a patented product in the U. S or its territories without permission from the patent owner infringes the patent for the product.

What is the Penalty for Infringement?
A patent owner is entitled to recover damages resulting from the infringement. This can include a value many times the actual cost of the product. The patent owner may also recover enhanced damages from willful infringers and may recover court costs and attorney’s fees in some cases. All patent infringement lawsuits are handled in United States Federal Court and are extremely expensive for the parties involved.

When do Infringement Damages start to Accrue?
Damages for infringement can start to accrue when the patent issues and, where the patent application is published prior to issuance, may start to accrue after the time that the application is published. This publication can occur several months to several years before the actual patent is issued.

Ignorance of the Law is No Excuse. The patent process protects inventors and gives them the incentive to create the new products you enjoy.

For 25 or more years I have dedicated my career to the Western Industry not only because it is an industry that describes and defines our culture but because I believed in the integrity that the Western Industry and Rodeo in particular contributes to the moral fiber of what it meant to be a part of this great country. To me there was no other group of individuals that understood and lived by the Golden Rule, “Do unto others as you would have them do unto you” more than those in our industry. I cherished the idea that a handshake between horsemen meant that an agreement was made and was to be kept. I believed that being part of the Western culture meant that one respected all of the Ten Commandments and not just 7 or 8 of them. I respected the concept that the industry protected each of us from horse thieves because every one looked out for everyone else with a bond that was created when you first shook a person's hand and looked them in the eye. I cherished the concept that horse thieves were dealt with accordingly and were forever dishonored by fellow horsemen.

Now I find myself in a situation that requires me to protect my family, my business, the dealers of our products and the customers that buy our products from infringers of the rights granted to us by law. Not unlike “horse thieves,” these infringers seem to lack the general respect and integrity that I believe should be a  given in our industry. And with that, we are also very grateful to the many true horsemen that have shown that they understand what our culture is all about. In fact, this note is a result of a call from a customer in California that stated this to us. She said, “As I see the knock-offs of your product at the ropings in our area, I feel for the problems this must be causing you. But the part that personally bothers me is the way it makes me feel when I see someone using those illegal products. How can I look at them the same or with any respect when I know that they are using products that are the same as stolen?”

The statement on the face of our U. S Patent No. 6,651,409 says, “…this UNITED STATES PATENT grants to the person(s) having title to this patent the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States of America or importing the invention into the United States of America…..”. Notice of the patent is clearly marked on each stirrup we produce (see information at the top of this page) and clearly stated on all of our advertising and marketing material as well as the published information of our legitimate dealers.

Unfortunately, this common knowledge has not stopped unethical individuals and businesses from making, using or selling unauthorized reproductions and “knock-offs” of crooked stirrups. Many call the stirrups they make crooked stirrups, angled riding stirrups or sloped stirrups and all of the versions we have identified are unauthorized and infringing products.

We are now forced to proceed with legal action. I hope you will understand that we have exhausted all other practical alternatives without much success. Your support and understanding will be appreciated.

Please make sure the “crooked stirrups” you buy are authentic. All Crooked Stirrups are clearly marked with U. S. Patent No. 6,651,409. (Please review the information at the top of this page.)