Professional Courtesy

[Sam Wilson]

I remember you wrote same this a long time ago in another topic. Why don't you just give us a link so we can all look at that document?

Because I don't have the link handy. But I found it before, if anyone really cares they can do the same. If they don't then what's the difference. Cut your own wood, and warm yourself twice.

Regardless of what anyone says, it exists. I and others have seen it, and the Hibben's have been enforcing it for years, I simply wanted people to be aware of the facts.

Sam

 

[FredyCro]

https://www.tmdn.org/tmview/#/tmview/detail/US500000077188102

Trade mark status
Registered
Status date
14/11/2018
210/260 Application number
77188102
111 Registration number
3526341
Kind of IPR
Trade mark
550 Trade mark type
Figurative
551 Kind of mark
Individual
571 Mark image description
The mark consists of the overall design and shape of a knife. The shading in the drawing is not claimed as a feature of the mark. The stippling is used to indicate 3-dimensional topography and is not part of the mark.
270 Application language code
en
511 Nice classification
008

 

[Sam Wilson]

Beautiful work! Now Deshivs, Vigil and that other guy can eat crow. Thank you, sir.

https://www.tmdn.org/tmview/#/tmview/detail/US500000077188102

Trade mark status
Registered
Status date
14/11/2018
210/260 Application number
77188102
111 Registration number
3526341
Kind of IPR
Trade mark
550 Trade mark type
Figurative
551 Kind of mark
Individual
571 Mark image description
The mark consists of the overall design and shape of a knife. The shading in the drawing is not claimed as a feature of the mark. The stippling is used to indicate 3-dimensional topography and is not part of the mark.
270 Application language code
en
511 Nice classification
008

 

[FredyCro]

Beautiful work! Now Deshivs, Vigil and that other guy can eat crow. Thank you, sir.

Yeah, but not really sure if that would be enough from keeping me to make that knife, put my mark on it and sell it as it is. I would be aware of not marketing it as a Rambo knife.

 

[Sam Wilson]

A

Yeah, but not really sure if that would be enough from keeping me to make that knife, put my mark on it and sell it as it is. I would be aware of not marketing it as a Rambo knife.

Awareness doesn't matter. The "Rambo" trademark is a separate issue. But that knife design is protected, and if you make and sell it, you would receive a cease and desist from the Hibben's, and then it would be up to you where it goes.

Sam

 

[Lorien]

from what I know, designers sell their design to a company and receive compensation based upon a percentage of knives sold.
Probably the best defence against someone stealing your design is to sell it to a company that has deep enough pockets to defend against that very thing.
Justice is certainly available to those who invent things and have their work stolen, but it comes at a price. I I imagine that usually the price is too high to be worth the hassle.

 

[AVigil]

Just a story *to you.* USPTO has the official filing. If it's important to you, find it. If not, then what do you care anyway?

Sam

And I just told you it did not come up on search and I actually posted what came up.

Why do I care? We are talking about "Trademarks" and you seem confused and claim that is for a knife , a physical object, when "Although you cannot trademark the product itself, you can trademark the name, logo, and slogan that you use to brand the product. Trademarks do not cover a physical object; they cover the way an object or service is branded. If you wish to protect a specific product, look to patent it."

Can You Trademark a Product? Not Exactly...

Your product is the core that your business operates around. Unique or otherwise, is it likely that you'll be able to trademark your product?

secureyourtrademark.com

 

[Sam Wilson]

And I just told you it did not come up on search and I actually posted what came up.

Why do I care? We are talking about "Trademarks" and you seem confused and claim that is for a knife , a physical object, when "Although you cannot trademark the product itself, you can trademark the name, logo, and slogan that you use to brand the product. Trademarks do not cover a physical object; they cover the way an object or service is branded. If you wish to protect a specific product, look to patent it."

Can You Trademark a Product? Not Exactly...

Your product is the core that your business operates around. Unique or otherwise, is it likely that you'll be able to trademark your product?

secureyourtrademark.com

Look about 2 or 3 posts up, pal. Like it or not, the USPTO did it, and they've been enforcing it for years. Good luck.

Sam

 

[AVigil]

Beautiful work! Now Deshivs, Vigil and that other guy can eat crow. Thank you, sir.

That is for drawing of the knife, it is a Logo. That is why the "shading and stipling" in the drawing is specified.
A logo can be trademarked

So you were confused.

LOL

 

[FredyCro]

A

Awareness doesn't matter. The "Rambo" trademark is a separate issue. But that knife design is protected, and if you make and sell it, you would receive a cease and desist from the Hibben's, and then it would be up to you where it goes.

Sam

Yeah, I used the wrong word, I realize it is a separate issue, I meant to beware or be afraid of using Rambo TM.

I don't know how the practices of US Courts are, but to me it is like registering a design of a fastback car as a trademark and then saying nobody can do fastback cars because I registered a TM showing a fastback car. I admit that the situation might be different because of certain design features the design posses (which make it distinguishable from other similar designs) and the market recognition that the design made through the movie. Mr Hibbens might have had a very witty lawyer.

The TM is registered for following classes (of goods):
023
Cutlery, Machinery, Tools and Parts Thereof
028
Jewelry and Precious-metal Ware
044
Dental, Medical and Surgical Appliances

 

[Sam Wilson]

That is for drawing of the knife, it is a Logo. That is why the "shading and stipling" in the drawing is specified.
A logo can be trademarked

So you were confused.

LOL

OK, best of luck. I'll leave you to your legal career. Meanwhile, it will continue to be enforceable and Gil will do what he does best. You'll catch up, someday.

Sam

 

[Sam Wilson]

Yeah, I used the wrong word, I realize it is a separate issue, I meant to beware or be afraid of using Rambo TM.

I don't know how the practices of US Courts are, but to me it is like registering a design of a fastback car as a trademark and then saying nobody can do fastback cars because I registered a TM showing a fastback car. I admit that the situation might be different because of certain design features the design posses (which make it distinguishable from other similar designs) and the market recognition that the design made through the movie. Mr Hibbens might have had a very witty lawyer.

The TM is registered for following classes (of goods):
023
Cutlery, Machinery, Tools and Parts Thereof
028
Jewelry and Precious-metal Ware
044
Dental, Medical and Surgical Appliances

In this case, someone is not legally allowed to make that EXACT knife. If they do make it to sell it, they will be subject to legal action. Agree with it or not, many have been stopped in the past. That is simply a fact, and nothing personal.

Just like the list of makers that have had a C&D sent to them by Busse for drilling a hole in the blade is long, agree with it or not, it happened.

Sam

 

[FredyCro]

In this case, someone is not legally allowed to make that EXACT knife. If they do make it to sell it, they will be subject to legal action. Agree with it or not, many have been stopped in the past. That is simply a fact, and nothing personal.

Just like the list of makers that have had a C&D sent to them by Busse for drilling a hole in the blade is long, agree with it or not, it happened.

Sam

I am just interested in the topic and I am not taking anything personal at all. Also I do not sell my knives ATM and even if I were, I am not interested in making copies of a Rambo knife. Also, I do not care enough to discuss this legally in detail, but I find it interesting because it is a particular case and it goes against everything I know about TM law (admittedly not much).

 

[Sam Wilson]

I am just interested in the topic and I am not taking anything personal at all. Also I do not sell my knives ATM and even if I were, I am not interested in making copies of a Rambo knife. Also, I do not care enough to discuss this legally in detail, but I find it interesting because it is a particular case and it goes against everything I know about TM law (admittedly not much).

I wouldn't say I disagree with you, necessarily. But the law don't always make sense the way we think it should, and that's just life.

Sam

 

[AVigil]

OK, best of luck. I'll leave you to your legal career. Meanwhile, it will continue to be enforceable and Gil will do what he does best. You'll catch up, someday.

Sam

Sure if someone is using his Trademarked Logo he sure can.

Kinda funny how you thought a picture of a LOGO was actually a trademark for the physical knife LOL. BTW we are lapping you not "catching up"

It is a good thing Gil can enforce his rights on people copying his design with copyright and patent.

 

[Sam Wilson]

Sure if someone is using his Trademarked Logo he sure can.

Kinda funny how you thought a picture of a LOGO was actually a trademark for the physical knife LOL. BTW we are lapping you not "catching up"

It is a good thing Gil can enforce his rights on people copying his design with copyright and patent.

Believe whatever you like, I just informed you of reality. Gil will do just fine, and has for many decades.

Sam

 

[AVigil]

Believe whatever you like, I just informed you of reality. Gil will do just fine, and has for many decades.

Sam

It is not a "Belief" he has a trademark for "Gil Hibben" and one for a logo of his knife.

BTW no one is attacking Gil here and his right to protect his IP. What is in question is your confusion of what a "Trademark" actually is.
You make a mistake then proceed to act like people are attacking Gil's right to protect his design.

If you had understood what a trademark actually protected we would not even have had this discussion.

 

[Sam Wilson]

It is not a "Belief" he has a trademark for "Gil Hibben" and one for a logo of his knife.

BTW no one is attacking Gil here and his right to protect his IP. What is in question is your confusion of what a "Trademark" actually is.
You make a mistake then proceed to act like people are attacking Gil's right to protect his design.

If you had understood what a trademark actually protected we would not even have had this discussion.

Like I said, believe what you like. I am telling you from personal knowledge that Gil has been protecting his knife design actively with the trademark posted above for many years. I am not confused at all. If you want to discuss whether you like the way the USPTO or Gil's lawyer do their job, go ahead, I do not care. Take it up with them. But those are facts. Best of luck.

Sam

 

[AVigil]

Like I said, believe what you like. I am telling you from personal knowledge that Gil has been protecting his knife design actively with the trademark posted above for many years. I am not confused at all. If you want to discuss whether you like the way the USPTO or Gil's lawyer do their job, go ahead, I do not care. Take it up with them. But those are facts. Best of luck.

Sam

Once again your reading comprehension keeps you from understanding your mistake.

 

[Sam Wilson]

Once again your reading comprehension keeps you from understanding your mistake.

Good luck, this is going nowhere. You keep addressing me, the important part is the reality of what has been factually occurring since the approval of the trademark. Believe what you like. And no, I am not drunk, as you apparently stated in your post before you edited. I got work to do.

Sam