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is it a violation of TM ?
- Thread starter dingy
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Look at the pic "anatomy of a knife" on the Bussecombat website.
There is a picture with an arrow pointing to the hole that says "front guard hole" "aka talonhole"
Based on this information, I would guess this is probably not a violation, because there really isn't a guard on this knife. Just my guess though.
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somthing simalar happened with spyderco, they tried to patent the spyder hole but they couldnt since it was only a hole and could not be claimed as their idea, same goes for this i would assume.
Jaxx
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The Talon Hole isn't patented, it's trademarked.
"A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others."..."Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark." (Found on LawMart.com)
Since Busse knives are recognized by this "Talon Hole", and considering the placement of this hole is not always on the "guard" (i.e. the SAR5) this maker's knives do seem to be infringing on Busse Combat's "Talon Hole" trademark as I understand it...but I'm no lawyer.
I'm sure that Jerry knows better than I do.
"A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others."..."Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark." (Found on LawMart.com)
Since Busse knives are recognized by this "Talon Hole", and considering the placement of this hole is not always on the "guard" (i.e. the SAR5) this maker's knives do seem to be infringing on Busse Combat's "Talon Hole" trademark as I understand it...but I'm no lawyer.
I'm sure that Jerry knows better than I do.
It depends on how the talon hole is trademarked. Jerry can put the hole anywhere he wants, or he can even leave it off any of his knives.
This doesn't mean the SAR5 actually has the talon hole trademark, despite having a hole.
Jaxx
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That's true... Which is why I stated at the end of my post:
snip...
I'm sure that Jerry knows better than I do.
i don't think that the blades of Kiku Matsuda is a violation of the busse TM, because they dose not look near a resemblance of the style that busse has on their knives.
The talon hole on a busse is placed on a guard, and i think that a direct copy of that would be a violation, but not a simple thing as a hole in the blade, cause then the knife industries would be in deeep shi*
check out his stuff, they are truly amazing ! http://kikuknives.net/profile.htm
The talon hole on a busse is placed on a guard, and i think that a direct copy of that would be a violation, but not a simple thing as a hole in the blade, cause then the knife industries would be in deeep shi*
check out his stuff, they are truly amazing ! http://kikuknives.net/profile.htm
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I have always thought that trademarking a hole drilled in steel was incredibly ridiculous, whether it be Spyderco or Busse. Neither company came up with the idea of using a drill bit as the means of creating a hole in metal. I can understand trademarking the name "talon hole" or Spyder hole" but getting ones panties in a knot over every knife that has a hole drilled in it will make one very tired in a hurry.
Kiku Matsuda is a very original and talented knife maker. He isn't copying anyone.
Kiku Matsuda is a very original and talented knife maker. He isn't copying anyone.
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I went looking for the Talon Hole trademark, but cant find it now. Anyone have a copy? Does a TM expire? Its not where it used to be.
Zombie, a trademark is incredibly precise language, Its not as simple as a "hole".
Zombie, a trademark is incredibly precise language, Its not as simple as a "hole".
Jerry Busse
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For many years we didn't mark our knives with anything other than the talon hole and to this day it serves as our only "mark" on otherwise sterile blades.
Locking and loading! . . . . Locking this thread and loading my scotch glass. :thumbup:
Jerry
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