Cafeoutdoors.com: Avery vs. Bass Pro lawsuit...

Bass Pro sued for copyright infringement

May 2, 2007
While many Memphis politicians are hoping Bass Pro Shops will open a gigantic store inside the vacated downtown Pyramid, one Memphis-based company is suing the national retailer for alleged copyright infringement.

Avery Outdoors, one of the world's leading manufacturers of hunting products and waterfowl decoys, filed suit against Bass Pro Shops late last week in U.S. District Court in Memphis.

The lawsuit, which also named Ohio-based Global Manufacturing Associates as a defendant, claims the two companies have illegally copied, manufactured and sold waterfowl decoys designed and copyrighted by Avery.

"It's not something we wanted to do," said Tom Matthews, a Fayette County native and co-owner of Avery Outdoors. "But this is our business. It's our livelihood. We had no choice."

Larry Whitely, a spokesman from the Bass Pro Shops national headquarters in Springfield, Mo., would not comment on the suit.

"That's a legal matter," Whitely said. "We wish we could comment, but we just can't."

In 2002 and 2003, Avery hired master wood carvers Richard Rhode, Kelly Ross, Frank Peeters and Charlie Prinz to create original sculptures of several species of waterfowl. The sculptures were modified and decorated by outdoorsman Fred Zink and then used as the molds for Avery's hunting decoys, which are made of polyethylene and produced in China.

Avery officials say they took the proper steps to ensure a copyright on their designs. But according to the lawsuit, Bass Pro Shops obtained samples of the sculptures and had them copied "through use of molds" to create competing models.

The lawsuit claims Bass Pro Shops "made several minor alterations to their products which were fabricated from" Avery products.

Avery officials say the alterations were made to side-step copyright laws.

The suit specifically lists 14 models of Avery decoys that have allegedly been copied. The list includes popular models such as the life-size mallard drake, the life-size pintail, the life-size greenwing teal, and the standard Canada goose shell.

Pictures of each copyrighted Avery sculpture were provided to the court, along with corresponding pictures of the infringing decoy products.

The suit claims Bass Pro Shops unfairly took advantage of Avery's years of research and "completely avoided the time and expense of creating their own works of art in the form of decoys."

To illustrate the financial damages being experienced, Avery officials offer a comparison: Avery life-size mallard decoys sell for about $60 a dozen; Bass Pro Shops is selling a similar version for about $40 a dozen.

Avery is asking that the defendants turn over all profits derived from the alleged infringement. They are also asking for compensation for lost sales, plus punitive damages. Avery is also demanding that all infringing decoy copies and the materials used be impounded while the legal action is pending. The suit asks that the decoys, plates, molds and "other matter for making such infringing copies" be destroyed.