Yes, it does seem a hard battle, which is why hogs volunteer as watch dogs (cross-company pun intended) on Jerry's behalf. Only by defending the trademark is Jerry able to maintain it, same as for every other trademark. I don't understand what the difficulty is with this trademark being a "hole". The fact that a hole is a simple design is irrelevant. The fact that the hole can also be used for lanyard or guard attachment is irrelevant (esp. since very few people actually do this and very few sheaths are designed to accommodate it). It isn't just a hole, the placement also matters. Guy Seiferd of Survive! Knives is working on a patent or trademark for his "hidden lanyard hole" (and yes, it would be interesting if the traditional pommel lanyard hole was trademarked, but it is too late to trademark now as its use is to widespread). As mentioned earlier in this thread, some companies have been granted a trademark on COLORs. But it is more difficult to drill that hole than it is to etch a trademarked company logo or monogram. And it takes effort on the part of the maker to do it. All that Jerry needs to do is maintain a strong enough brand-presence & loyalty so that makers who DO use the hole without permission hear about it within short order.
NO, the founders of the US did NOT respect differing opinions with an assumed relativism! Indeed, there was a rather important war fought over the matter, and a rather key document explaining this, i.e. the Declaration of Independence. A century later, the American Civil War was fought over differences of opinion with key moral import.
But another thing that we can do to support Busse is publicize infringements left unchecked and dissuade others from purchasing from makers who transgress, i.e. protest. I, for one, would like to know if FOX Knives (and Extreme Ratio) of Italy have Jerry's permission to use the talon-hole or if, being non-US, they never requested said permission and continue to put out models featuring the hole. THAT would be cause for protest.