I agree with you. It's
freaking tedious.
But it's only because some person wants to show us their clones and counterfeits every week. I'd love to ignore it but there are not a lot of moral/ethical lines to be drawn in this hobby. There's basically a place for every kind of knife enthusiasm on this forum with two exceptions: scammers and cloners. Scammers get called out in GBU. There's no dumping ground for the cloners. Honestly, I hate derailing these GKD threads but what's the alternative? Acceptance?
Not trying to hijack the thread, but this conversation does keep coming up, and usually it is one side of the argument who are the most emotional and vocal. I am absolutely NOT saying their position is wrong. I actually side with them. They have excellent points with the law being on their side as well in many cases. I think one of the problems is a lack of understanding regarding the terms counterfeit and clone. To be clear, a couple of definitions:
Counterfeit = A manufacturer making a duplicate of another manufacturer's product. ie: "Slimbag Knives" is making knives identical to "CRK Sibenza's", and
selling them as real CRK Sibenzas. This is fraud, generally
illegal everywhere, (criminal) although the rate of enforcement is far lower in some countries than it should be. Some countries refuse to enforce it at all. And these days with prices being what they are, counterfeit knives are everywhere. On a similar vein, I remember hearing the stat that in the sports memorabilia world, at one point, 90% of the stuff out there was fake. The knife world isn't that bad, at least not yet to my knowledge. But we are not unique.
Clones = One manufacturer making a knife similar or even exactly like another manufacturer, but selling it under their own name, not the original manufacturer's name. This becomes a very shaky grey area. For one thing, the manufacturer is not doing anything criminal. Are they stealing product designs, and market share from the original. Yes. But they are not doing anything criminal. At least in the USA. The original manufacturer can go after the copier, but in civil court, not criminal court. At the very least it is a far bigger headache, and also a lot more expensive for the original makers. Police and the FBI are not going to arrest some manufacturer copying your design.
The issue of clones is where most of the arguments seem to stem from. Some take the side of copying anyone else's design is wrong. I get that and I generally agree with it. However, it becomes difficult to reconcile being against clones when so much copying is done and at this point generally accepted in the knife world.
For instance, how many manufacturers make a "Peanut", "Trapper", "Stockman", "Kwaiken", "Karambit", or a "Barlow"? The name and design are virtually identical for multiple manufacturers. How many manufacturers are selling a "Bob Loveless" anything. One could conceivably add Liner Lock, Frame Lock, Back Lock, Rear Lock, to things that should not be copied, but you get into the issue of patents, expired patents, non-patented designs vs. trademarks. The design might be able to be copied at this point, but calling it a frame lock or a liner lock may not be. I confess I do not know that answer for sure with regards to anyone having trademarked those terms.
The other issue you run into is "Design". You can patent a design in some ways, but not in others. Say you come up with an entirely new way of locking a folding knife. You can patent that mechanical design, and own the exclusive rights to that design for X amount of years. If anyone copies or steals your design, you can go after them in civil court. Not criminal court.
HOWEVER, if you think you are patenting the way your knife looks, you are going to be out of luck. You cannot patent certain things.
You cannot patent Shapes, Colors, or Sounds. Which means if your new design generates huge sales, others are going to copy it and there is little you can do about it other then bluff them into stopping, and only if you can actually find the people doing the copying. And for the more astute of you who are saying hey, what about songs, that is sound. Correct. But that is protected by copyright, not by patent. What about a "Drop point" design, again, not patentable, but probably could have been protected as a trademark by the original designer who almost certainly didn't.
The knife world is not alone in this. It happens in nearly all industries. It used to be if you wanted a big 4 wheeled drive, you bought a Suburban, or a Bronco. They got popular, and now you have Expeditions, Landcruisers, Escalades, Sequoia, Armada, Yukon, Range Rover..... You make a product that sells, you are going to get copied. That is a fact of life if you are in business. Are others stealing sales away from you? Absolutely. Is it right? No. Are you Pissed? Probably. Are you sorry you came up with a product that is a hot seller causing others to copy you? Definitely not. You are making money and you hope it goes on as long as it can.
So I guess the summation is if you want to be hard nosed against clones and counterfeits, you need to take a stand against any maker of a "Trapper" or a "Barlow" as well as the "makers" who only copy others designs and couldn't come up with an original idea if it was stapled to their hands.
Likewise, the supporters of clones and counterfeit knifes, you are definitely depriving the original designers out of monies due them. On one hand, if you go and "get a killer deal on a brand new CRK Sibenza" you not only deprived CRK out of a sale, but you should be pissed because you got defrauded. You did not get a new Sibenza, you got a fake. And if you turn around and sell it to someone else, you are now defrauding and cheating them and are no better than the slim ball who made the copy in the first place.
Class dismissed. lol
