Benchmade steals the spyderhole

[hardheart]

When does the patent on the axis-lock expire?

doesn't matter, they'll just trademark it after

[cutlerylover]

Why in the world would you think either of the 2 companies would want to launder this possible issue with the public? Unless Spyderco has indeed granted BM the right to use the hole, that would be the only way I think they would make a statement about it. There are internal matters that stay that way.

Because I trusted that they are honest with their customers, and it turns out I am right...

[goldie]

Boy, i bet if this was a cheap company from china making a knife with a hole in the blade, it wouldnt get half this action. .....

[Cougar Allen]

Yeah, and some of the people arguing one side of this would be arguing the other side.

[GarageBoy]

We'll wait for Sal's response. He's in a show in Europe somewhere, IIRC

[Simple Man]

When is the "spyderhole" going into their fixed blades to give them product differentiation on the shelves?

Can't have an unmistakeable trademark on just part of your product line if the issue is about the competition's theft of trade dress and not really about trademarking a functional feature that has an expired patent.

Actually, according to Sal back in April on the Spyderco home forum, the hole is going into the fixed blades as well.

[cutlerylover]

YAY!!!!!!!!!! Benchmade replied..here is the email word for word...

Hi Jeff,

Thank you for contacting Benchmade.

In a very short amount of time there seems to be a great response to the release of the new Benchmade 10750 VexT knife as well as its opening method.

For those of you wondering, here is our official and only comment:

Benchmade and Spyderco have reached an agreement. The terms of which are confidential.

So stay tuned, the Vex is likely just the beginning of some very cool designs you will soon be seeing from Benchmade...

Thank you.

Sincerely,

-Benchmade Support Team

"Make It Cool. Make It Solid. Make It Happen."

B.K.C., Inc.
300 Beavercreek Rd.
Oregon City, OR 97045

>>> "Jeff Smith" <pyrosharp@aol.com> 10/14/2006 10:45:50 PM >>>

Hello, I belong to an internet forum about knives, and I wanted to know if you could clear up this issue about one of your knives, and patents, please read the information in the link...Thank you...

[Chadilac]

Yep

http://benchmadeforum.com/eve/forums...3/m/2211088802

[cutlerylover]

So there ya have it...Im glad this issue was put to rest...and Im glad I got a response to my emails...

[mp510]

Didn't Spyderco's patent on the hole expire a few years ago?

[cutlerylover]

If it did they could have spent the money to have it patented again, but at least we know now that nothing will happen if Benchmade continues to use it...

[ras]

There is no Spyderco "Hole" patent. There was a patent on a depression, but not on a hole. There's a Trademark on the hole.

[partridge]

If it did they could have spent the money to have it patented again, but at least we know now that nothing will happen if Benchmade continues to use it...

No such thing. You can't "re-patent" something.

[SID]

cutluv, nice edit job with your earlier post. As I mentioned, unless both companies reached an agreement, that's the only way you would get a response.
Did you notice the terms of the deal are indeed confidential?

[cutlerylover]

Does it really matter? There will be no lawsuit, and Benchmade has and will use the hole, theres nothing more to argue here...

[cutlerylover]

.
Did you notice the terms of the deal are indeed confidential?

Perhaps Spyderco doesn't want anyone knowing how much benchmade is paying them to use their idea? Who knows? who cares? Its over Benchmade gets to use the hole...The title of this thread is "Benchmade steals the Spyderhole" and now we know they didn't...whats left to debate?

[hwyhobo]

Spyderco owns the trademark on the hole yes. However a trademark does not cover function. It covers a look, a logo, etc. Example: how a coke bottle used to look. Spydercos patent on the hole has expired. Patents cover function.

Even though I EDC a Spyderco (and I love it), the whole idea of using the trademark law to protect functionality is a plain abuse of the law, and I will bet it will not stand up in court. If they want to use the hole as a trademark, they can put it on their brochures, but to argue that the hole in a blade is purely ornamental is bs and any court will see right through it.

It is even more telling that they agree to "license" it to small custom makers. License a trademark? Lol. Sorry, but in this case Spyderco uses shady means to extend the enforceability of their patents beyond a legal time limit.

[cutlerylover]

Ya know what...I love knives we all do, I love spydercos knives, and I love benchmades knives...but we get too caught up in the politics of the buisness...and it soemtimes make us mad or fustrated at each other for posting our opinions on the issue...its great to have and post your opinions thats why the forum exists, but in the end does this affect the knives themselves...and how they prove to be of good quality, I don't think so... I am sure a few people who read my posts might be thinking cutlerylover is an idiot, whats he talking about...lol, Im sorry I got caught up in the politics, and sometimes I just don't make much sense...Im just here to talk about knives with other people who can appreciate them as much as I do...Im sorry if I got anyone upset or mad at me for my comments, I appologize for that, maybe your not mad at all, but I feel some tension like this is a heated argument...Im not here to make "enemies" Im here to make friends and talk about our knives!

[timjmayer]

since nothing was stolen, i would appreciate changing the header of this topic...

the vex looks nice!

[Blop]

That really is a ******* cool looking knife! Yeah it is! Sexy simplicity, nothing fancy and a low price.

A thin blade for every day tasks with a high grind. Absolutly .

If BM has some more of this, i guess, they will colapse their business by own red line models. Why buying blue or black line, if the reds are that fantastic.