BUYERS BEWARE >>>>>>>>>>>>>>>

Actually, I do not care, I do not know either party and was not taking sides either way. It's just peculiar that someone complaining about copying an idea uses somelse's Trademark feature on their knife. My feeing is that whoever has the best product for the right price has my business. I own many Spydercos but also own some cheap 2.99 imported knockoffs to throw in the tacle or glove box. Do I have inside information about the Trademark Spyderco thumb hole, no, just like I do not know if there was an agreement about not producing a 2nd knife. If Joel created the knife design but it took a true artist (craftsman) to take that rendering to an actual workable product. Therefore, the maker has as much invested in the final creation of this knife or Joel would have made it himself. I've seen fantasy blades produced before this knife with a similar style blade (though not exact).

In my opinion MicroTech knives are grossly overpriced and they attempt to stifle competition. They say that imitation is the greatest form of flattery, so Joel should be duly impressed. If a person wants the supposed prestige of owning a Microtech, they still can. In life, everything is a copy with the exception of a snowflake and now the scientists have doubts about that.

In your view, we would all only be able to drive Fords because all other cars would be strictly copies of Henry's prototype idea.

This is strictly much to do about nothing.

sarge
 
For the sake of clarification of the "hole" question (my emphasis added):

<font face="Verdana, Arial" size="2">
Sal Glesser
BFC Moderator
Posts: 3091
From: Golden, CO, USA
Registered: Dec 98

posted 01-31-2001 04:41 PM

Hi Dave. The "hole opener" patent expired last year. While the patent was in force, Gerber and Benchmade both paid royalties on the "hole opener" patent, as did Camillus.
Most of the other companies found "loopholes" in the patent that they could use to avoid paying royalties.

The shape of the hole was a little different. Spyderco trademarked the "round hole" as a signature of Spyderco.

This means that when someone uses a round hole, they are trying to "imitate" Spyderco. We can and do defend against that. That's why you will see holes of all shapes, all of which do work, but we be round only.

We do own patents on the diamond and arrowhead hole opener. Timberline pays royalties on the diamond.

sal </font>

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Kelly
My Custom Knife Collection

Member NCCKG, SCAK, and AKTI

Deo Vindice
 
for the final time, anyone can make anything they want and theres not much you can do about it......we are talking custom knives here......patents, agreements, contracts, etc are meaningless when you are making one or two knives. you can argue the point until the cows come home, but there is really nothing you can do.
 
Tom is absolutely correct, anyone can copy anything he/she wants. I am not taking sides in this argument. But if someone agrees to just make 1 prototype of one knife, written or not written contract, then turns around and makes another knife without the designer knowledge, that is lack of integrity. But he did not do anything legally wrong.
When I was studying art in college I heard of an artist in NY that had no art skills. He would commission talented artisans to make his ideas come to life. These artisans did not get credit for the creation. The art world considered the idea to be the original individual property. This is similar to what is happening here.
Allen Elishewitz
 
For those of you interested in investigating Trademarks and Patents, click:

http://www.uspto.gov/web/menu/tm.html

For those of you who are interested in investigating copyrights, click:

http://www.loc.gov/copyright

There ARE laws governing authorship of ideas, designs, and trademarks.

Whether or not you feel it is "too much" to invest in obtaining any of these (or if you have obtained one and feel chasing after someone who has violated your rights by "copying" one of your ideas, designs, or logos is a waste of time) the choice of initiating litigation is up to you.

I would hope any such situation would be avoided when the two parties agree to rectify the situation in private. If not, there are attorneys who specialize in copyrights and patents who will help you in deciding which path to take.

Yes, Mr. Mayo - they ARE expensive. I know!

I also know that copyrighting one of your designs, ideas, or logos will give you certain legal rights in case the situation cannot be resolved in a private, professional manner.

Attempting to address such issues in a "public forum" can easily result in "other" actions taken by civil attorneys.

ps: Copyrights do not cost much to obtain. I would be surprised if anyone who has had formal commercial art/design training had never encountered this subject in their studies. At the school I went to, we did.

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Tom Anderson
Hand Crafted Knives

[This message has been edited by Tom Anderson (edited 03-05-2001).]
 
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