: I have a patent on a gate frame for the fence industry, a company with a
: existing frame challenged it and lost due to significant differences in
: structure and design. I had seen there product but honestly did not borrow
: heavily on their design because I wanted a different approach to doing the
: same thing.

: That said, some things are standard in order for it to still be a gate frame.
: Vertical sides and horizontal rails are a must but how you get there is
: the real deal.

: To me, the rub is actually copying or using a set of plans or templates I did
: not purchase. Aren't all modern kayaks a copy with or without some
: variation? Not that I would want to but I guess I could take measurements
: from my Boreal Ellesmere and make a SOF or strip boat.

: Would that be copyright infringement?

Kayak design, actually all boat design, is indeed an evolutionary process in the most part. Taking the lines from an existing boat that you like then changing them to fit your wishes is one thing. Making an exact copy is something else entirely.

The first example is perfectly fine, the second is pure theft. It's only copyright infringement if the orriginal design was copywritten, it's not automatic.

Bill H.