Thanks for e feedback folks. I thought I'd give you an update.
I sent the knife back to the vendor and I've already received the new one. I am definitely much more happy.
First, about the blade rub. Since it is a single spring knife, yes, I do believe when I open the small pen knife I can push it into the wharncliff and cause some scratches. So I'm certainly expecting to eventually have scratches over time. They'll probably show up more conspicuously due to the polished blade.
Here's what's different between the two knives
1) the original one did have a significant gap between the liner and back spring. I was overlooking this before, but the new one has no gaps whatsoever.
2) the original wharncliff blade was next to its liner, and the pen blade was straight right next to the wharncliff. There was a big space between the pen and its liner. So Overall it looked like the Pen was straight and the wharncliff was crimped over. The new knife has a little space between the liner and the wharncliff, a small space between the wharncliff and pen, and a small space between the pen and liner. So on the new knife it looks like the wharncliff is straight and the pen is crimped over a bit. The blades just look more evenly spaced out within the knife.
3) the one thing the old knife had better was the cosmetics of the blue bone dye. It had many more shades of blue within it, whereas the new blade is more uniformly darker.
In any case, thanks for all the input. It was helpful.