Ethics of making a blade for a discontinued production folder?

[loonybin]

I have a beloved mini-AFCK that I want to customize with a better blade. While I don't mind the ATS-34, it is partially serrated (almost all of Benchmade's lefty liner locks were ComboEdge blades), and I don't want that. Unfortunately, I don't have any skill, material, or tools to make a blade myself, so I need to find someone who would be willing to do it. I love the shape of the blade and would prefer the same shape. This brings up some questions, though, since money would be changing hands for this. Would a custom maker be willing to make a copy of a production blade, and how ethical is it to do so?

There are some mitigating factors that, in my mind, may make it permissible.

• The design has been discontinued for years
• It is a left-handed liner lock, which they haven't made in over a decade
• They have no more lefty mini-AFCK blades left (I already swapped for the last one a couple years ago).
• It would be in a configuration they have never offered (plain edge), and in a steel they did not use (and maybe a steel they have never used)

So, gentlemen, what say you? Is this something that falls in the "not on your life, that's wrong" category, or is it ethical and permissible to do so? Am I trying to embark on a fool's quest?

 

[bdmicarta]

I don't see that it would be a problem to make a replacement blade for the owner of an out of production knife. I'm not sure that it matters whether the knife is out of production or not, some knife manufacturers won't even sell replacement blades for their knives that are still in production. However I think it would be cheaper to buy a used mini AFCK than have a new blade made. (I just read the "lefty" part, those might be harder to find used.)

 

[NStricker]

Looks like they have a new one coming out with plain edge and a new steel, though not in the mini.

 

[thegeek574]

I would look at this way: Benchmade stands to gain if one of the knives is sold from the factory. Once the knife leaves the factory and the dealer, then it is no longer of any concern to them. They have their piece of the pie. With this in mind, I would think that the fact that the knife is not only sold, but discontinued and well used would mean that Benchmade no longer has anything to gain from it. Also, I think the answer might be different if we were talking about the Axis Lock, because it is a feature that is owned by Benchmade. Anybody can make a knife blade.

Tl;dr No, I don't think there would be a problem

 

[james terrio]

Just my opinion, I'm not a lawyer or anything.

To me, that sounds like a custom modification and I see absolutely no problem with it... it's the same as sending a custom maker a factory knife to have new handles fitted to it. Whether the original knife is in current production or not. It's your knife for personal use; you have a right to hot-rod it however you want. Just as if you were having a speed-shop fine-tune your car for better performance.

If you were asking someone to make a run of blatant copies, that would be completely different.

 

[oic0]

Would you worry about having a custom part fabricated for anything else you own? Its not like he's going to stamp their name on it. Then again... we do live in a country where it just became illegal to carrier unlock your phone lol.

 

[loonybin]

However I think it would be cheaper to buy a used mini AFCK than have a new blade made. (I just read the "lefty" part, those might be harder to find used.)

Not only is it harder to find a lefty, Benchmade never made a lefty mini-AFCK with a plain edge blade. All of them were ComboEdge, which I specifically do not want.

Looks like they have a new one coming out with plain edge and a new steel, though not in the mini.

and the liner lock one is right-hand only.

Just my opinion, I'm not a lawyer or anything.

To me, that sounds like a custom modification and I see absolutely no problem with it... it's the same as sending a custom maker a factory knife to have new handles fitted to it. Whether the original knife is in current production or not. It's your knife for personal use; you have a right to hot-rod it however you want. Just as if you were having a speed-shop fine-tune your car for better performance.

This is what I'm wondering, but since the blade shape is a specific shape, and relates to function as opposed to cosmetic dress like handle scales, (and has the SpyderHole), I wasn't sure if there would be any copyright/patent/trademark issues that come into play. I'd hate for a custom maker to get in trouble for making a copy of Benchmade's blade, since I basically want the exact same shape, just PE. The other part of my concern would be the maker putting his own mark on the blade even though he didn't design it -- just copied it. If he makes the blade, he should get to advertise by putting his maker's mark on it, but if that gets him in hot water, I haven't exactly done him a favor.

 

[james terrio]

I'd hate for a custom maker to get in trouble for making a copy of Benchmade's blade, since I basically want the exact same shape, just PE. The other part of my concern would be the maker putting his own mark on the blade even though he didn't design it -- just copied it. If he makes the blade, he should get to advertise by putting his maker's mark on it, but if that gets him in hot water, I haven't exactly done him a favor.

As a custom maker who's done many similar jobs, I do not put my mark on blades/handles/mods that are obviously designed/manufactured by others. That's strictly my decision. Regardless of the trademark/copyright issues, I simply don't want my name on any knife that I didn't have control over from start to finish.

Frankly, when I do mods, it's on knives that don't meet my standards in the first place. It may sound crass, but I do it to put groceries in the cupboard. I would much rather build a true custom from the ground up - at which point I will of course insist that it carries my name.

I say again... if you're having this done strictly for your own use, there's no ethical conundrum involved.

 

[Stacy E. Apelt - Bladesmith]

That pretty much sums the subject up.....not a problem at all.

If Looneybin wants to have this done, he should post a thread in The Exchange - Services Wanted.