New knife with spyderhole in sight?

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BTW, getting back on topic, this would still be an extremely appealing knife if they reduced the size of the holes so they wouldn't violate Spyderco's trademark, and added a top-mounted disk to it.

Joe
 
Originally posted by Joe Talmadge
BTW, getting back on topic, this would still be an extremely appealing knife if they reduced the size of the holes so they wouldn't violate Spyderco's trademark, and added a top-mounted disk to it.
Joe, perhaps you are confused as to which thread you are posting in. Other threads in the General forum may be about what people think of the design, bu you're the one taking this one off topic, since the original question, posed by the original poster was:
Originally posted by Piter
So... what do you think about this new Benchmade collaboration? Of course I'm not asking about perfect Neil's design but rather about BM's "opening device"
Frankly, regardless of whether this is "just a prototype" or not, I think Benchmade has done a disservice to Spyderco, a disservice to the knife-buying public, and put a black mark on their own reputation by creating it. My gut feeling is that they have done this intentionally, capitalizing on the fact that the few custom fixed blades and fewer custom folders by Mr. Blackwood that included three hole in their design had escaped scrutiny by Spyderco in order to muddy the primary issue of their challenge to the Trademark. In that, thanks to a little help from some of the well intentioned folks here, they've succeeded quite well.

Here's my take, Neil Blackwood made a few fixed blades with three non-functional holes, not really a distinguishing characteristic of his work, as he appears to have far more fixed blade designs that have no holes. In fact, if there is any consistency in his marking of his blades it lies in the BLACKWOOD spelled out on them, rather than either the holes or the gargoyle? symbol each of which appear on relatively few of his designs. When Mr. Blackwood carried this three hole arrangement over to a folder, and in the process made the largest hole functional as an opening device, he violated the Spyderco trademark of the round hole used for that purpose. The presence of other holes does not change this. Spyderco themselves have made knives with multiple holes, the "Q" and the "R". But on them, as on every other Spyderco folder except one, the opening device was a ROUND hole. Why he chose to do this is not known, although he chimed in on one of the treads in General, he never dealt with this issue. His rather flippant comments regarding the "buzz" could easily lead one to believe either that this decision was not just an innocent accident, or that he was totally clueless as to the s**tstorm that would ensue if the "minor" transgression of doing so on an oversized custom with limited exposure were put into commercial production by a manufacturer in a more salable size package.

Benchmade, I am certain, went into this with their eyes wide open. No power on earth could make me think differently. They did a good job too, my first impression on seeing the knife was "Good lord, that's one pimped up Spydie!". I know, from reading here and elsewhere that I am not the only one who saw the round hole opening device and instantly associated it with Spyderco. A few seconds later, once I noticed the butterfly, I realized this was not a Spyderco at all. My second thought was "Wow someone's trying to rip off both Spyderco and Benchmade at the same time!". Ok, I was wrong again, guess I was giving BM credit for more business ethics than they have.

As far as the45guy's contention that those of us who look at this design and see Spyderco don't get out enough, perhaps he is right. I'm 58, and until about eight months ago had not purchased a new knife, looked at knives in stores, or even looked at advertisements for knives, custom or otherwise, for close to thirty years. And yet, in those eight short months, I've come to associate the round hole opening device with Spyderco and nobody else. Perhaps that invalidates all my opinions, perhaps it makes them more valid, damned if I know which. I've got a couple Buck fixed blades I bought in my younger days, black phenolic handles, aluminum guard and pommel, couple of spacers, and a distinctive shape. At the time all their fixed blades used this handle design, today some do not. But, even today, if I see a knife with that style handle, I think Buck. I have no clue as to whether they have trademarked that "look" or not but if they have, since it is a handle, and thus functional, and since it could be argued that the finger groves in it make it even more functional that some "other" handles, do you suppose others should be able to copy it with impunity?
 
The Deacon,

I think that you and the45guy both have touched on a very important point here.

We as laymen will have to see, in the end, what plays out between Sal/Spyderco and Neil/Benchmade regarding the legal implications of this new design -- for the vast majority of us, what goes on in that battlefield is not something we are equipped intellectually or through experience to properly digest or handle....but as for our own personal perceptions of perhaps one knife or design impinging on another, this can very much be affected by our own knowledge and personal biases.

Undeniably, Spyderco has a strong legion of fans for all the reasons that we all, as Spyderco fans, know and love this company -- and Sal -- for. Similarly, Neil has, through his design and his involvement in the community, generated a very loyal core of high-end Blackwood fans. I, too, am among this latter group.

In being able to see things in shades of grey instead of polar white and black, I think that for those of us who are perhaps too much a fan of a certain marque or a certain designer, we can become blind to the bigger picture.

Spyderco fans immediately cite the Vesuvius -- I instead see less similarity to this model than to a lot of other custom-makers' more dramatically recurved blades. As an Onion fan, I look at the three holes and go "hum...." while others immediately point to the single rear hole as being problematic; and yet as a Blackwood fan, I take note of the three-hole design as one that's been carried-over from other of Neil's works.

In the end, I am of the humble opinion that we are all quite a bit biased through our own limited knowledge and experiences with this issue.

Knowing of Sal through these Forums here -- and slightly better than that -- Neil, I am hopeful that they, as well as the respective entities of Spyderco and Benchmade will come to a proper and gentlemanly resolution to this issue. As well I also hope that whichever legal entity finally has authority over this issue will be less myopic than some (but definitely far from all) of us enthusiasts...of either camps...have demonstrated of-late.

:)

Allen
aka DumboRAT
 
Deacon, your picture is, for me, the more accurate.
this isnt a problem of trademarks infringiment, even if in a court Spyderco would lose, the fact that those 3 holes are a deliberate "confusion" and damage to Spyderco is real .
There are the trademarks law, and there is what the people feel..this way , the 3 holes, ARENT a known sign of mr. Blackwood, as he:
1. didnt use them always
2. didnt use for long time
3. didnt use for opening device
Spyderco did exactly that 3 things for more than 20 years, and in fact, trademarks infringiment or not, the ROUND HOLE is universally seen as a "sign" of Spyderco.
and this is another fact.

And that is or isnt a trademark doesnt matter a damn cent.
The important thing is why use exactly a round hole for opening, WHEN everybody knows that S. use it since 20 years..the reason that was used before , simply doesnt exist.. was used as a decor, and not always and for few years..wanna use 3 holes ? place them slightly forward and choose another device fro opening: think nobody would say anything..

it's impossible that such a clear fact for everyone in knifeworld has been missed from BM and Blackwood.
Impossible.

sorry for my terrible wroten english..
regards
 
Thanx Deacon.

I had hoped this forum would offer a friendlier sky. It seems that with both of the threads on the "General" forum, on the Blackwood/Benchmade design, the issue gravitated towards "whether or not Spyderco should have received their trademark?". "And if they should have, then what is the best way to get around it".

We saw other issues that didn't seem to carry much interest;

When Mr. Blackwood made and sold his first round hole opener, wasn't he in violation of US trademark law? When Mr. Blackwood made and sold his first model with three holes (including the round hole opener) wasn't he in violation of US trademark law and US patent law (Kershaw & Ken Onion own a patent on the three decending holes)?

Was he really clueless? or did Mr. Blackwood just decide on his own to go head to head with Spyderco and Kershaw on their marks?

What about the issue of just respecting American laws? Patent, trademark or otherwise?

What about the issue of industry respect for each other?

Who created the picture of the prototype and more importantly, why?

The following is a re-post of an answer posted on the Spyderco "site" forum to JBake's question on why did Benchmade use a round hole in the mid to late 90's and then go to an oval hole?

"Hi JBake, Greetings from Golden!

Interesting question. There are no stupid questions, especially here.

As always, much more goes on behind the scenes than meets the eye. I will give you my point of view. I hope it helps.

Benchmade has been involved with the history of our trademark since it’s development started to jell. In the early ‘90’s we requested Benchmade stop selling product with the round opening hole. The ‘665 patent was in force at the time, and came to bear in the situation as well.

In the mid ‘90’s, Benchmade came to us to license use of the round hole as Gerber was licensing a hole at the time. Benchmade wanted to put it in their new Carraci AFCK, design. We licensed it to them, part as a patent license, part as a TM license, with the understanding that we were continuing with the registration of the round hole, which was nearly completed at the time.

We requested that written credit was given for the mark each time the knife or advertising appeared. We felt this was not being done adequately, a major way in which a TM is weakened. We had the contract annulled. Benchmade went to an oval hole, which they claimed worked better than a round one. Function, in this case, is then not a matter of the specific shape “round”. In addition, Gerber felt the “bean” hole was adequate as an opening hole geometry. Hence, the United States Patent Trademark Office is confirmed in awarding registration of the mark.

It appears many of you are interested in the defacto issues of this trademark registration. The file wrapper may be ordered from the PTO if anyone is so interested in reviewing the USPTO’s findings on the subject. The issue is of public record, and was laid out for comment and review at the time of registration according to USPTO standard procedures. The mark was registered as # 2,033,317.

On to the point that many of you have raised: Does “three round holes” infringe upon Spyderco’s registered mark? Was Spyderco’s mark appropriately registered in the first place? Spyderco will review its position, as any responsible organization would do. Obviously we are interested in everyone’s opinion and comment. Thank you for yours.

Best Wishes to all of you.

sal"
 
Much of the comment on the General Forum seems to be generated by those who see a new design about to be released by a company they support (in this case Benchmade) and they are trying their best to develop a justification so they will be able to get one, without guilt.

Reputable makers and manufacturers will recognize Spyderco's trademark and not infringe on it - even if they feel they could through a loophole.

Mr. Blackwood may not have known about Spyderco's and Kershaw's trademarks, but I'm certain that Benchmade had complete knowledge.

Legal loopholes aside, if the prototypes becomes a production release in it's current form, we will certainly know the ethics of those involved in it's development and production.

Congrats Sal for keeping your side of the discussion fact-based and informative.
 
Originally posted by 4 s ter
Much of the comment on the General Forum seems to be generated by those who see a new design about to be released by a company they support (in this case Benchmade) and they are trying their best to develop a justification so they will be able to get one, without guilt.

I think this goes both ways, though......

One half goes one way and try to invalidate whatever Sypderco puts forward as past proof -- the other part slams the thoughts of those that oppose the "round hole" as proprietary. Neither side has spared verbal attacks.

Very few (thankfully) are like me -- stuck in the middle.

It's harder being here, in the middle, LOL. :)

At this time, I'd just like to urge everyone, both Spyderco and Benchmade fans -- and the legions behind both Sal and Neil -- alike to take a cleansing breath, and let the parties involved work things out.

Everyone involved, both the individuals and the companies associated, are good guys, and I think it's time that as fans, we showed some faith in the goodwill and good sense of our favorite makes, no matter where we stand.

I don't expect either make nor indiviuals to duke this out on the open Forums, I don't think that's proper conduct in a legal sense or otherwise -- but as a budding knife enthusiast, and more importantly, well-reasoning adult, I would hope that behind the scenes and behind closed doors, a proper and gentlemanly agreement will be, and can be, reached.

Dedicated Spyderco Fan
- and -
Loyal Blackwood Devotee

Allen
aka DumboRAT
 
Allen

I agree that I hope all parties can work things out wothout having to resort to the courts.

"Working things out" should, however, take into account that Spyderco has trademarked the round opening hole. Whether people like or agree with this is moot, it's the legal reality which should be recognized by the other parties.

Many well known and respected makers do recognize Spyderco's trademark and use the round opening hole under licence. Those who would chose to ignore the trademark or would look for loopholes are not those who I would chose to do business with or patronize.

I can understand that those who are afficianodos of both Spyderco and Benchmade probably hope more than the rest that this can be worked out honorably. Personally, I'm not in the middle, but I can see you point!
 
Sal, I think the response in General was fairly predictable. And it isn't reflective of knife users wanted companies to find sleazy, underhanded ways to steal each others' intellectual property. In fact, generally companies who are perceived as stealing not just legally-protected IP but even unprotected designs are shredded to bits, to the point that even passing resemblances between knife models can generate hysterical finger-pointed.

So, given that we all tend to be very hard to companies that steal designs from other companies, and that Spyderco is well-liked among users, why did this knife generate this reaction? I think the answer is pretty clear -- I wasn't the only one who felt that the hole generated a functional advantage, and who couldn't understand how a trademark could be granted for a functional feature. I've since come around to a different way of thinking, other holes are probably functional-enough that I'd bet the trademark is sound, though of course as a layman I pretty much know nothing.

As you know, Spyderco is one of my favorite knife companies, a company I feel is an important leader in this industry, and that keeps technology moving forward. I am a rock-solid believer in a company benefitting from its inventions ... but nevertheless, I don't think this is totally open-and-shut. It's been incredibly interesting in any case.
 
There is yet another thread in the General Forum on this, this one talking about Cold Steel, BenchMade, and Spyderco and various trademark issues. I posted the following there and am repeating it here.

In an interesting sidelight on this, the latest Blade Magazine has a short feature on Neil Blackwood, (which is more than I have ever seen about Sal Glesser or Spyderco, but I may have just missed it). The article shows a number of Neil's knives, both fixed blades and folders, and none of those illustrated have any holes in their blades. This leads me to wonder about the claim of how the three holes of diminishing size are a Blackwood symbol. :confused:

Whether or not I give any more business to BenchMade depends upon how this question is resolved. That is unfortunate, for they do make some mighty fine knives.
 
You know what is funny. You all are looking at a prototype and havent seen the real deal yet,so what is all the buzz about. Has anyone bought one yet? NO has anyone seen one in a store? NO you know why? They arnt made yet.
 
well Fuller . I can't say that me buying a Spyderco will rest on the final word on this knife as I would never buy one in the first place and haven't seen a single one that looked like anything that impressed me . Notice the word me...my opinion.

saw a car with a sunroof today...I thought " dam..has a hole must be made by Spyderco" :rolleyes:
 
Originally posted by the45guy
saw a car with a sunroof today...I thought " dam..has a hole must be made by Spyderco" :rolleyes:

I'm a fairly quiet guy over here but I believe (note the use of I believe - my opinion) that this is a nonsequiter argument in view of the current discussion, unless, of course, the sun roof was round and purposefully designed as a door opener and not just another viewing/airflow portal. Interesting use of parody and sarcasm though so I give it a chuckle or two. :D

The nature of the discussion has taken a more intelligent tone of late. Sal, Joe and other moderate minds have shown to be true gentlemen in their words. I would like to hear Benchmade's opinions but I feel this potato is getting a wee bit too hot to handle here. My personal hope is for an agreement on the opening being worked out in the back rooms of Golden and Oregon City so production of the Blackwood folder can proceed. I personally don't believe Neil had anything on his mind but creating a quality folder with his design. At any rate, I appreciate hearing the opinions here and the chance to gain a small insight into the confusing world of trademarks and patents.

Stay safe! Stay sharp!
 
Ok I might as well jump in to.As I sit here I have 3 knives on me all Spydercos(Navagator,Merlin,Lum fb)and heres my feelings on this.

A patent is given to allow the inventor a chance to reap the rewards of his work,time money etc. This is fair and right imho.They run out after 20 years because A GREATER GOOD is done when others are allowed to use the idea.We all benifit from competion,others may make it cheaper,better or in ways we never dreamed about.Thats why they run out after 20 years.

The little reading I did on trademarks only mentioned things like,symbols,marks,shapes,colors,nothing about useable features or devices.

Now if one can trademark the same thing they got a patent on like an opening device well...that would seem to me to be just a loop hole around the 20 year patent and thats where the conflict is,although its a great move by spyderco at the same time.Has this been done before with other products??That would answer things for me.
 
Ford bought the rights to the trademark on the name "Cobra", as applied to automobiles, from Shelby and that is why the new Shelby cars are not called Cobras, even though they are designed under "Ol' Shel's" auspices. Ford also sold the rights to the trademark name "GT-40" to a company that makes repair parts for the original Ford GT-40s, the ones built in the 1960s, both for racing and the few built for the street. Both versions are very highly desired collectors' items. But Ford did not have the right to that name when they wanted to introduce their new "sort-of" replica of the GT-40 and it would have cost them more than they wished to pay to get the name back, something well into 8 figures, if I heard it correctly, so they decided to call the car the "Ford GT" instead. (Whatever it is called, I still would sell my firstborn to get one. :D ) This is what trademarks are all about and this is what Sal is trying to protect, a reputation that he has worked twenty and more years to develop. He has the right to protect it. And, as I said before, the first thing that occurred to me when I saw the Blackwood knife was, "Damn, that looks a lot like a Spyderco."

The45guy, I do not give a fig what type of knife that you prefer. But that is my personal view, as is this; I happen to like both Spydies AND BenchMade Axis Models. What is not my personal view is the ill-tempered and quite rude nature of your posts, that is obvious to any reader of them.
 
Hi 45guy.

It's difficult to be impressed by anything unless you own and use one, especially a Spyderco.

Perhaps you should buy one, something simple like a Delica of an S30V Native. Carry and use it for a month. Open, cut close, cut, and cut, and cut. Certainly our superior steel choices will impress you, if nothing else.

If after a month, you find absolutely nothing about Spyderco knives that you like, respect or appreciate, send the knife to me and I'll buy it back from you.

There must be somthing about Spyderco that draws you to the Spyderco forum?

Lone Hunter, FYI, our patent didn't say much about hole shape, we selected round, for identity, and we didn't get 20 years. A famous custom knife-maker found a loophole in our patent in about 12 years after issue. The loophole was spread around and a number of companies began producing hole openers in the mid 90's. They chose to use shapes other than round because they all felt round holes made the knives look ugly. Many still do.

sal
 
With all due respect Sal , while I have never owned a Spyderco,many of my friends have so I do have some experience in handling them ( though most of them carry customs now or collab knives ), one of the gun shops I worked at sold Spyderco as well. Again not my style , just personal opinion.

As to what brings me to the Spyderco forum ? The word that someone I call a good friend is being dumped on by a group of people.

I wonder why all of a sudden this is an issue with the holes on the Blackwoods ? You telling me someone who does as much homework as you do has never seen even a picture of a Skirmish or a Curr ? All of a sudden it is a collab with Benchmade and it is now an issue. Why is that ?

thanks for the offer but I shall have to pass .
 
Hi 45guy. I didn't know that anyone was dumping on Mr.Blackwood. I think most believe that he is/was naive to the IP invloved. I do not think many believe that Benchmade was naive to the IP marks. My apologies if that impression was given.

The only designs from Mr. Blackwood that I had seen were mostly fixed blades, one had 3 holes in the handle but they were one size and spread out. (I remember David Bloch saying he was planning a collab with Mr. Blackwood on that model). None of the others had any holes at all. I did see a pic of a folder, but it had a thumb stud. I believe that was the "Curr".

I'd not seen one in any of the hundreds of industry magazines, domestic and international, that come through Spyderco. We check them all, as you say "do our homework".

The only place we could find pics was on the USN gallery, but we had to look for them & that was after the pic on Bladeforums.

Can you point me to any industry mags or journals that have a pic of a Blackwood folder with holes in the blade?

Even last months Blade magazine article on Neil Blackwood didn't show folders with holes.

That's why I thought it was a Ken Onion (3 descending hole patent) designed Spyderco (round hole trademark) and the Chris Reeve style integral linerlock (which is Chris' trademark for that lock). He's been making those locks consistently since the late 80's.

The first time I saw the design was on the Bladeforums as a Benchmade prototype. That's why it is now an issue. Don't you think that had we seen the design, we would have approached Mr.Blackwood, doin' our homework & all. We try very hard to be an honorable up front company and always have.

It's a shame that our knives are "not your style". There are few knives in the marketplace that can compete with our performance, though we may lack in style. CPM-S30V (all of our USA made knives) and VG-10 (90% of our Japanese made knives) are pretty hard to beat on the race-track. Hard to appreciate without daily use.

sal
 
45, PLEASE.
save your melodrama for something that deserve it.. nobody is dumpin' on nobody -well. except you with your sarcasm against Sal and Spyderco-

it's not difficult to understand :
the round opening hole is a feature that Spyderco used first ,and longer , also when NOBODY believe it worth a damn.
and this is a fact, 20 years of using it on ANY knife and it becamed a Spyderco Sign, you like it or not..
normally ,when anybody with a little of knifeKulture see a round hole in a blade he thinks it could be a Spyderco.
Even my wife and my 5 years son. (my dog doesnt speaks yet, but i'm sure she too..)

any other argument isnt worth a penny.

why use the 3 holes -one for opening- in a production knife? from a firm that before had arguments with S. ? 3 holes that were used as a logo only A FEW TIMES, not 23 years ..to me this ,from BM, is an attempt to erode Spyderco market..or at least, generating confusion.

regarding you that dont like Spyderco, it's your problem.
simply you arent using one of the best tools in world, with innovative forms and great balance in functions.

regards.
 
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