Emerson "Wave Shaped Feature" Announcement

Turbo Tension said:
MOTHER OF GOD.


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!!
Click to expand...

Bwahahahaha! :D :D :D Had to clean milk droplets from my cereal off my LCD screen after reading this! :D :D :D

Funniest thing I've read on BF in a long time...maybe ever! And OF COURSE...I hear "Mother of God" in Trooper Arcot "Thorny" Ramathorn's voice!

[video=youtube;HfE1Ip2wot4]https://www.youtube.com/watch?v=HfE1Ip2wot4[/video]


Brummie said:
I just find that some of the discussion about IP on Bladeforums gets a bit irrational because people are more concerned with loyalty to their favorite companies than the principles upon which IP laws are based.
Click to expand...

The most factual statement on this thread after the OP.

I have to agree with the law here and agree that it appears that EKI is covered. On the other hand however having rode their wagon for a few months and beat their drum but then had screws come out of 2 of the 3 folders I owned (one had 2 come out within 5 hours of opening the box!) and one that I could deactivate the liner lock by squeezing hard (not that you ever squeeze one hard in real use) and then being attacked by a horde of fanboys when I ranted about this on another forum, I know that NO FANBOY is as vociferous as an EMERSON FANBOY! :rolleyes:

I can only wonder if Colt fans were high-fiving Colt and each other and kissing up to Colt's moderators on some gun forum when Colt trademarked the phrase "M4"?

Likewise, clearly CM has a following of friends here and his services are being focused on but many companies are doing the same thing, both modding and new manufacturing.

Brummie hit the nail on the head.
 
Last edited:
So if someone decided they wanted to mod a Spyderco, lets say a Manix 2, by grinding the front of the hole off to act as a "wave", what happens? Spyderco is allowed to use the wave feature without incident, but that particular blade and model do not offer the wave feature. Does this fall under the trademark law or not? Or is this one of them points where it now becomes a selective law to enforce? I know this may sound like a stupid question, but does it mean that people are still allowed to mod Spydercos if they want this or not?
Say I want to do this to a knife I own for my own use. Three months later I find another knife I like and decide to send the Spyderco out to pasture for another user. Do I need to send the knife in for a new blade, even though I will lose money selling it with the mod? This is basically what is happening with many of the people we are talking about on here.
The mod actually lessens the value of almost any factory knife. That was the point CM made, he was basically losing money every time he sold a personal knife he modded. No Reeve fanboy would pay full price for the Sebenza that waved. They would be complaining he ruined the knife. Personal choice.
I can understand them not wanting him to offer it as a custom mod offered for a fee, but they are saying he can not even mod his own knives and then give them away or sell them. This is the point that most are considering greedy.
EE has made tons of money from the design, even though he technically stole the idea from earlier knife makers, so people will still buy his knives if they like his knives. This is the gray area that leaves to much open to personal interpretation. If it is a trademark, it should be required to be clear and defined. The wave feature EE offers is an extended part of the blade that is intentionally added to the stock design and protrudes from the top of the blade. The mods we see are cut into a stock blade and sit lower than the factory lines. Right there I see a clear problem with this trademark. That was just my $.02 on this petty issue.
 
Last edited:
No offense to CM but I like how people on here act like Emerson allowed it for 5 years. Emerson did not know who CM was before he e-mailed him.

Danke42 said:
Run this by the attorneys. Starting a business selling shirts and products with Chevy bowties and the like. Be sure to be clear you won't be licensing what you're using. Ask for the "there is nothing anyone can do about it" in writing for when you need it later.
Click to expand...

It would be like someone on a small Chevy Cruze forum silk screening their own Chevy Bowties onto t-shirts and selling them for 5 years, then e-mailing Chevy for permission. Even though they had no clue what was going on and the person selling a few dozen t-shirts isn't going to hurt their bottom line, they still aren't going to allow it.

As someone said earlier, you have to defend your trademark or risk losing it.

If Emerson allowed CM and other people to use the trademark without appropriate licensing, some super litigious knife company that does a lot of dumb crap in the name of publicity (Cold Steel for example) could start making unlicensed Waved knives and argue that Emerson doesn't defend the trademark with all those examples like CM as proof.
 
Scurvy092 said:
No offense to CM but I like how people on here act like Emerson allowed it for 5 years. Emerson did not know who CM was before he e-mailed him.



It would be like someone on a small Chevy Cruze forum silk screening their own Chevy Bowties onto t-shirts and selling them for 5 years, then e-mailing Chevy for permission. Even though they had no clue what was going on and the person selling a few dozen t-shirts isn't going to hurt their bottom line, they still aren't going to allow it.

As someone said earlier, you have to defend your trademark or risk losing it.

If Emerson allowed CM and other people to use the trademark without appropriate licensing, some super litigious knife company that does a lot of dumb crap in the name of publicity (Cold Steel for example) could start making unlicensed Waved knives and argue that Emerson doesn't defend the trademark with all those examples like CM as proof.
Click to expand...

Not exactly the same, but whatever. They are trying to trademark their idea of exactly what a wave feature is. As I stated earlier, the wave is something added to a blade and the mods are something removed. It is a similar idea, but not the same thing. Also, we are talking about stealing and using a logo, this is different. It is like trademarking the door handle of the car and saying that you need to now figure a completely different way to enter the vehicle. It can not even look like the door handle they use.
Do you now see the difference and why people consider it a little petty?
 
Except it's nothing as ubiquitous as a door handle, in the slightest. In fact, I think part of obtaining a trademark is showing that something is not in common use to begin with. That's how Busse was able to get the Talon Hole trademarked.

Again, if someone asks a trademark holder if they can use the mark unlicensed, they can potentially lose the mark down the road. If CM doesn't have to pay, why should ZT or Spyderco?
 
Because he is not mass producing and marketing them as new model knives with a super feature. They are old model knives that have been modded with product removed. No matter how it is put, it is still on the petty side. It is the difference between a wave and a notch. Where do the differences begin and end? Too much of a gray area.
 
Now you know why I had Darrel build me this special Dominator...





Trolling at the price of $1025 :p
 
damascus blades said:
Because he is not mass producing and marketing them as new model knives with a super feature. They are old model knives that have been modded with product removed. No matter how it is put, it is still on the petty side. It is the difference between a wave and a notch. Where do the differences begin and end? Too much of a gray area.
Click to expand...

Well then CM can take it to court of he wants.
 
Scurvy092 said:
Well then CM can take it to court of he wants.
Click to expand...

I don't think my credit card would enjoy that. I have to concede and stop waving everything. I have no choice in the matter.
 
Scurvy092 said:
Well then CM can take it to court of he wants.
Click to expand...

That is part of the problem. The trademark is, as stated before, a massive gray area open to individual interpretation. Money always wins.
These type of arguments always make me think back to court cases such as Tucker vs. The Big Three. Different versions of the same thing look scary to the original and they scramble to squash any competition. The items are not exact copies, but it is scary anyway so we can panic now. This is why I feel the trademarks should be very specific in the description of what exactly is trademarked. A general blanket of an idea of a certain type of blade shape does not cut it. Petty.
The sad part is that things like this do leave a bad taste in the customers mouths. Cold Steel has done it with some of their videos and lost some of their customer base because of how they played it. I am not sure if I will be using my Emerson any more due to things like this. There is a large market in the knife world and EKI already has a very large fan base. A customer with a free market mind set may be turned off by these types of moves. Especially if they were on the bubble about choosing a heavy duty EDC knife and the Emerson was in the running.
 
I just cut waves into my car doors. Bad boys open when I walk past and snag my pocket!
 
crom said:
I just cut waves into my car doors. Bad boys open when I walk past and snag my pocket!
Click to expand...
You don't know what you are doing there.
It's not only about the money. It's also about your safety and in the long run you might lose money with cheap copies.

Just a few weeks ago I walked through the kitchen and my cargo pants pocket hooked into a cabinets doorknob. The pant tore a bit and the door even opened (!)
by breaking into two pieces.
I have no doubt that would not have happened with an original wave feature.
People stop being cheap and get the real one. You won't regret it.
 
Scurvy092 said:
Where are all these Anti-IP people when it comes to the Spyderhole or the Axis lock?
Click to expand...
Except Spyderco and Benchmade go after counterfeiters and production outfits, not an individual hobby knife enthusiast or even modder. There's a major difference.
 
I wish I could dump my (substantial) library of IP law textbooks on the metaphorical tabletop for everyone to peruse at their leisure. (Along with at least one book on statutory interpretation.)

Charlie Mike, I love the pic, and if I had an American law license I would absolutely go to court for you. With a couple of friends.

I think the less I say here, though, the better.
 
You must log in or register to reply here.
Back
Top