Ethics and Projects benefitting Rob Simonich's family

Are you people mental? Listen to Jerry, Rob's mate. Christine has just lost her husband and has to face Christmas and New Years without him. For God's sake give the woman some space. She will need at least 6 months just to to get her head straight. If you want to help send her a check.
I don't give a rats arse if some of you think I am coming on too strong. Show some common sence.
 
The right answer is when Christine says she is ready.

It could be next year.
It could be in 6 months.
It could be next month.

Meanwhile, there's lots of other business to take care of that Jerry and others are helping out with.

FrontSight
 
I had already been playing with the idea of buying a Raven and some additional Gunner Grips. Now I feel that the purchase will have more meaning, as tools that Rob designed will be put to their intended usage. And every time they are used his memory will cross my mind. What better memorial is there. I value my Crowfoot even more now because Rob went way out of his way to do some custom mods to it. I have a feeling that everyone who has a Simonich knife feels the same way.

Send a check, buy a knife or some grips, send a card. But I agree with others that charitable projects should be approved by Christine when she is able to deal with it and give it her full attention. By all means get creative, develop a business plan, but I would hold off presenting it until Christine is ready.

Just my $0.02.

Drew (aka Drewzintense@aol.com)
 
I've received several interesting what-if questions about this.

Basically, the answers boil down to this:

1) If you are using

a) the likeness of Rob's logo
b) the likeness of Rob
c) of course one of Rob's knife designs

a) and c) are the property of Simonich Knives LLC, and would require their approval to do a tee-shirt or create a knife around them.

I'd be interested in hearing a lawyer's opinion about b), but I'm including it here because I think it belongs there out of courtesy to Christine.



2) If you are thinking about approaching a knife maker and saying, "Hey, what would you think about making 10 of your That-Maker's-Cool-Design-Name knives with special attributes a,b,c (where a,b,c doesn't include the use of Rob's logo) and selling them to raise money for the Simonich family, if you are thinking about approaching Crucible to donate the steel,etc.,
that is simply like a maker putting up a knife of his design for auction to benefit the family. This type of thing is happening already, and will be hugely appreciated.



Why is 1) so important to be careful about?

Legally, because any use of a company's product or their logo in this way reflects on the company and affects its Goodwill value. Goodwill is an intangible - it includes reputation, brand image, etc. It matters a lot when you sell your company. It is in the premium that the buying company pays over the more straightforward calculation of a selling company's tangible worth.

Ethically, because the logos and designs are the property of Simonich Knives LLC, not anyone else's. They aren't up for someone else to tinker with just because Rob is gone. Those decisions all need to be made very very carefully.

I've seen some really nifty tee-shirt designs floated. They all can't get made. If your design isn't carried forward, please don't get all upset and take your marbles and go home. Rob would call you a whiney-butt!

Most of the questions I'm getting are cool ideas related to # 2). Just don't auction off a kidney :cool: .

FrontSight
 
I'd be interested in hearing a lawyer's opinion about b), but I'm including it here because I think it belongs there out of courtesy to Christine.
Click to expand...

I'm not a lawyer, but I think I know the answer.

A photograph becomes the copyrighted proproperty of the photographer the moment the shutter clicks. He can, of course, sell his copyright. But, unless he has, then he owns the picture.

He does not, however, own any "trademark" rights. So, when you start using the picture to promote a business venture, then you get into legal hot water.

I have some pictures of Rob that I took. I own the copyright to those pictures. I can post them. I could even sell them. But if I used one as part of an ad champaign to sell a knife, that becomes a different matter.

An individual picture belongs the the photographer, but Rob's "image" belongs (unless he specifically assigned it to someone else) his estate which probably means his widow. So, in evaluating any specific use of a picture of Rob, the question becomes: are you exploiting your picture, or are you exploiting Rob's image?
 
I talked to my lawyer about this as well and unless any project is sanctioned by the estate, it would lead to copyright dilution and would cause problems down the road for the family.

Since I'm sure everyone only wants to help, they need to make sure that they have full approval from the family *before* they take any concrete steps. There are more complicated details than that but if you don't do this with their tacit approval, you are hurting, not helping.
 
Maybe the best thing to do right now is to sit back, keep the family in our thoughts and prayes and let Jerry drive the bus on this one. He could be the go between us and Christine. I am most confident that Jerry will let us know in time what the plans are and what Christine would like the most.
Sound good to you Jerry?
 
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