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The hole is far enough back from the guard edge to not be a trademark violation. I have spoken to several knife makers in the past two years, all who have dealt with the legal aspect of the talon-hole issue and of those that just moved it, this is what they looked like.
In my honest opinion, the whole talon-hole thing has done more harm to Busse's reputation than better it. When I am talking about my Busse knife collection, I tend to hear things like, "Oh yeah, Busse, they tried to sue (insert knife maker here) for a simple hole in the guard. (insert insult here)." I do not make knives for a living, nor do I sell knives, so this is just what I hear more often than not. I know Kiku Matsuda uses the hole in what could be regarded as a trademark violation, but he is based in Japan.