Another case of copyrite infringement?

[thatmguy]

Your "opinion" is so noted.

Welcome to the forums.

Please take the time and read up on past posts/discussions of the "drilled hole in a piece of steel".

Also, please take the time to learn what a legal trademark is, how one is granted, and what legal rights to one entail.

 

[leatherman]

I don't need to call the shop to know that calling a drilled hole in a piece of steel original is retarded. I'ma busse customer and love their knives but I gotta say this is ridiculus. When another company starts using a steel and calling it "infi" they'll have a case.

retarded? and your a customer? with customers like you who needs critics!

I do realize theres no use arguing the point, your mind is made up. But, if you made something original (yes, at the time the talon hole was original) and marketable, you'd want to protect it, no?

If you want to see a good example of a company trying to claim a non trademarked or copyrighted process check out those fellas that are aggressively defending their right to the: Heat colored titanium, striped blades, cord wrapping, etc etc....

 

[beefangusbeef]

Good points... it's the people who take such things out of control that give the others trying to protect their rights a bad name.....

 

[The Buffoon]

Ok, here's the deal...............Have any of you ever made a knife (I know some of you have)? EVERYTHING has been done before. Hell, if you want to talk PATENT infringement, look at the "Protusion" on top of those CS knives in the previous link. Look an aweful lot like an Emerson Wave to me. I have made hundreds of knives, and I can tell you that it's very hard to come up with something truely "New". Sure, you can work with an existing idea, but hell, how much can I change a fundamentally simple tool. Perhaps some cave man will take me to court for using his idea of sharpening an object for the purpose of cutting things.

E

 

[Jerry Busse]

The front guard hole IS a REGISTERED TRADEMARK of the Busse Knife Co. It is not simply a "recognized" or "common law" trademark and has stood up to much legal debate. Just like the NIKE Swoosh is a registered trademark of the NIKE Shoe Co. The front guard hole is a design feature that is found on EVERY Busse Knife and the legalities of this mark have passed the review of the United States Patent and Trademark Office. We spent a lot of money to register this design feature and a lot of money defending it. We do not normally mark our knives with any other mark other than the "Talon Hole" and it therefore serves as our trademark.

For example, if you see a pair of running shoes with the NIKE Swoosh, you should not have to read the label to make sure that they are NIKEs. If they are being made by some other company, then that company is INFRINGING on NIKE's trademark. "Infringing" is a fancy word for "stealing".

Quite simple really.

The argument that others have used it with or without permission does not negate the validity of the mark.

Registered Trademarks are intellectual property and are protected by Federal law. They should be protected by ethics rather than law, but that certainly is not the way that it plays out in the real world.

The ownership of property is protected by law whether it be intellectual property or otherwise. I'm pretty sure that if someone stole or "borrowed" my automobile without permission, that there would be little discussion as to whether or not the thief was within their rights to steal it from me.

Hope this helps,

Jerry

 

[beefangusbeef]

What are the limits placed on registered trademarks? Is it simply anything that I come up with first on a product. Like if I discovered a new camo coating and put it on every knife could that be a registered trademark? Or if I used a certain pattern on the blade like 3 or 4 holes, as some companies/makers do could that also be a registered trademark for them? Can it be something that enhances a products usefelness, or like you said with the swoosh just an artful company logo that one delcares is a signature identifying mark. Something along the lines of the BMW symbol or Mercedes symbol? Certainly, there has to be some kind of limit to what can/cannot be a registered trademark and I think that is the main confusion?

 

[Solstice]

Doesn't Spyderco have a Patent and or Trademark on their hole? I believe they do. And this again is just a hole, true one that is being used to open a knife but still just a hole. So it isn't hard to believe that Jerry has a Trademark on his hole. With the right lawyer and enough money, I truely believe anyone can get a trademark and/or patent on just about anything.

And just to be clear, I much prefer Jerry's hole over Spyderco's hole any day of the week.....errrrr or something like that.

 

[leatherman]

Doesn't Spyderco have a Patent and or Trademark on their hole? it isn't hard to believe that Jerry has a Trademark on his hole.

And just to be clear, I much prefer Jerry's hole over Spyderco's hole any day of the week.....errrrr or something like that.

WAY too much hole talk going on here!!!

 

[MikeH]

What are the limits placed on registered trademarks? Is it simply anything that I come up with first on a product. Like if I discovered a new camo coating and put it on every knife could that be a registered trademark?

Absolutely! For instance, Realtree trademarks it's original Camo patterns, and lisenses them for use by selected others, such as for use on shotguns, etc.
You cannot just go introduce a line of clothing and steal Realtree's camo patterns.

Also, (and I am not an expert on this) I think I read somewhere that a trademark is more defendable legally than a patent.