Emerson "Wave Shaped Feature" Announcement

Discussion in 'General Knife Discussion' started by Ernest Emerson, Jan 11, 2016.

  1. Yalius

    Yalius Gold Member Gold Member

    Jun 20, 2012
    That's why there are hordes of patent lawyers making a decent living litigating whether something as small as a change in the radius angle of Exhibit A is sufficient to meaningfully distinguish it from Exhibit B. In all probability, a zip tie through a Spydie hole is sufficiently different in that it projects in a different direction from a Wave Shaped Opener[SUP]®[/SUP] and is not integral or permanently affixed to the blade. And to be honest, trademarks and patents do encourage innovation-- a prospective user of a patented or trademarked innovation has to come up with something better.
  2. weinerd


    Feb 12, 2011
    If you show it's materially different, then there's no need for a fair use argument- it's outside the scope. And the semantics around a service to create something patented by a third party doesn't bypass infringement. I'll grant you the replica for research purposes, which we can all agree, cases here are not.
  3. Charlie Mike

    Charlie Mike Sober since 1-7-14 (still a Paranoid Nutjob) Knifemaker / Craftsman / Service Provider

    Nov 1, 2000
    I have. It's called a fixed blade.
  4. Mossyhorn

    Mossyhorn Enlightened Rogue Platinum Member

    Dec 6, 2009
    There is always the bottle opener option.
  5. razor-edge-knives

    razor-edge-knives Moderator Moderator Knifemaker / Craftsman / Service Provider

    Apr 3, 2011
    I am no lawyer but it looks like there is an exception to the trademark law called the "functional use" exception... anyone care to explain further? I have a strong dislike for legal mumbo jumbo ;)
  6. Turbo Tension

    Turbo Tension

    May 6, 2010
    This is a weird thread
  7. robgmn


    Oct 30, 2015
    No, just patent your own thing.
    Find a feature that is old and make a new way to utilize it.

    The thumbstud on one of my folders opens the blade whenever I slide the knife out of my pocket...
  8. tokerblue


    May 1, 2010
    There are MANY other knife makers who have a license to use the Wave. Spyderco, Zero Tolerance/Kershaw, Fox, Southern Grind, etc.

    If you think he is against other manufacturers using the Wave, then it doesn't seem you have much to base your accusations on.
  9. PNWhovian


    Jan 16, 2015
    Point taken.
    While I still can't understand the issue with modding one's own personal knife I never meant it to sound as though I am advocating any law breaking. I did ask a few questions and state my opinion as I don't see any issue with making your personal use knife work for you. That being said, looking back at my post you quoted I do think my last question could have been worded differently.
  10. Zero_Time


    Dec 28, 2006
    No bigs man. I knew you weren't knowingly recommending anything bad. I apologize for the harsh language, but harsh language is necessary when trying to make the point about lawbreaking.

    One of the big misconceptions about IP law is that there is a US provision for "personal use". There isn't. I don't know where that myth came from, and I believed it for a while, but it's not true- do the research, and you'll not find anything in the USA IP laws about personal use exemptions. That's why I used harsh language: to make sure others didn't think I was offering an opinion, but directly and unequivocally saying it doesn't exist.

    Go forth and sin no more! Spread the word: there is no personal use exemption.

  11. ursamajor


    Oct 27, 2010
    I don't really think it is going to slow down wave variants. Makers won't use the word wave anymore, and as more and more makers bring knives to market, they are going to call them things like zip hooks, etc. Probably more folders with double quillions, that can both serve the purpose of a "zip hook" and a flipper. Kinda like the oval hole in regards to Spyderco.

    Eventually, in the mainstream, "wave" will leave the vernacular, and whatever it gets called with more widely circulated knives, will be what term replaces "wave"

    Reeve invented the Frame lock. Outside of these boards, and a small minority of people in the world, that is not common knowledge. However Reeve does not call his lock a frame lock. However that is what the rest of the world knows it as. Show a Sebenza to the non initiated, and they will say "oh cool, it has a lock like my knife here, that I bought at a Love's in Barstow."
  12. Anaries


    Sep 7, 2015
    As much as clones are hated here, I'm surprised anyone is disgruntled by the protection of intellectual property.
  13. Zero_Time


    Dec 28, 2006
    People other than the chinese were working with it.

    Also, it was a feature that was added to already existing knives, so it was more of a modification than anything comparable to a clone.

  14. Anaries


    Sep 7, 2015
    I hear ya, clearly the lesser of two evils. While I respect anyone who chooses to argue just such a delineation, I'm still personally surprised.
  15. Wunderbar


    May 2, 2003
    If I buy a Chevy it becomes mine. If I put a Ford disc on my Chevy in place of the bow
    tie, well then there is nothing anyone can do about it. I ran this thread by our attorney in the legal dept. and this is how she replied.😆
  16. Todd21969


    Apr 23, 2013
    The "Wave" is Mr Emerson's baby. The way I see it he is allowed to protect it, or license it as he sees fit.

    Sure the Walker Liner Lock, Reeve Integral Lock, Carson Flipper...etc is often used without credit given,wrongly IMHO.

    Should Sal Glesser allow anyone to use the Spydiehole, or Busse the "Talon hole" in order to further the knife community?

    Also Emerson has stepped up it's QC. I have a 2015 made Mini CQC 15 that is perfect in function in every way. Sure the liners are not polished, and has maybe some other cosmetic "problems" that would bother someone with OCD. But I have been carrying it and using it for 5 months with absolutely no problems.
  17. yakfisher


    Jan 3, 2015
  18. Turbo Tension

    Turbo Tension

    May 6, 2010

    Emerson better register his, unfinished liners that look like they were hammered out of pot metal with Satan's dick, 'my knives rule because navy SEALS (TM?) use them' line, and muscular forearms as Trademarks of Ernest Emerson before someone else gets on those trains too!!
  19. Todd21969


    Apr 23, 2013
    Maybe he should [emoji6]

    I am in no way an Emerson fanatic. I own more Spyderco knives than any other brand. And I respect Sal for giving credit where it is due.

    But I do love my Mini 15. [emoji16]
  20. Turbo Tension

    Turbo Tension

    May 6, 2010
    I wear a CQC 15 every day I go to work.

    That said, if I want EKI ergos with nice F&F, I'll grab a ZT.

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