Brazoria County inventor says major retailer copied his design

Brazoria County inventor says Academy copied his design

An inventor in Brazoria County says his patented design was unfairly copied by a big box sports and outdoors retailer.

BRAZORIA COUNTY, Texas - An inventor in Brazoria County says his patented design was unfairly copied by a big box sports and outdoors retailer.

Brazoria County invention ripped off

Fishing accessory

Avid fisherman Vance Zahorski says he designed and patented his "Line Cutterz" fish-line cutter in 2015, as a convenient answer to a common task when fishing. The design was light, with a safe and sharp ceramic blade.

After a successful appearance on the program "Shark Tank" offered some financial support to grow, Zahorski says he sold thousands of a ring version of the cutter in Academy stores.

The business relationship soured after Zahorski went back with a version that could be clipped to clothing. 

He says Academy executives liked the idea, but never acted, until he says customers alerted him to a new line of store clothing that included their own patented, wearable line-cutter that he believes is much like his. 

Academy's patent even references Zahorski's designs in the paperwork.

Was the move legal?

Patent experts say it's not unusual for larger companies to design variations of existing patents, to make money for themselves.

The defense against that, they say, is establishing a broad definition of what an invention does.

Zahorski says an Academy lawyer has warned his team to back off, but he plans to keep fighting.

After this report first aired, Academy responded to FOX 26 questions regarding Zahorski's claims, saying, "We appreciate Mr. Zahorski’s passion for his products and respect all those that are innovating, building, and creating. Academy Sports + Outdoors is passionate too – about our customers and helping them to enjoy more outside. That’s why we created the Magellan Outdoors line cutting device, which began development in November 2015 and was awarded a patent in 2022. At no time have we copied Mr. Zahorski’s product, as alleged. Mr. Zahorski requested we meet with him to discuss his concerns, which we did, and he is aware of the history of our patent. We remain confident in our products and believe there is enough room in the marketplace for both our products and Mr. Zahorski’s – which ultimately gives people more choices when they spend time outside."

'This is our livelihood'

Fishing accessory

What they're saying:

"They clearly knew what our product did. They were presented with the idea, their patent came after ours," said Zahorski. "This is our home; this is our livelihood; by allowing these big-box companies that have their private-label brands copy and infringe on innovators, it stifles innovation." 

"When it comes to a patent, that's all you have," said patent lawyer and professor John Rizvi, known as The Patent Professor, who says it's not unusual for larger companies to design variations of existing patents, to make money for themselves. 

Rizvi says the defense against that would be to establish a broad definition of what an invention does.

"That's the ammunition a good patent attorney has, to carve-out the invention broad enough so that inventors can't get around it," said Rizvi.