Talon holes ... Trademark of Busse?

M

mark23

Joined
Jul 14, 2002
Messages
375
Hi,

just a short question. When I showed pictures of my prototype someone said the talon hole was trademarked and I had better asked Jerry before laserdrilling one into my prototype ... now I wonder whether this is true because I saw other knifes from different makers that had that special hole. Fehrman Knives and Tops used to have them, AFAIK, Ultima Ratio still has them, Darrel Ralph has a "Busse-hole" on a neck knife kit design ...

trak1.jpg


Now is that a case of real copyright infringement or is it just not nice to have them on other knives as Busse had them first?

Regards

Mark23
 
Mark,

You hit it on the head when you said that other makers "used" to use them. There is a reason why they stopped including that design feature. And, yes, it is a trademark. You should reall discuss this with Jerry when he is back in the shop.
 
Actually Puma and Tops still have them on some of their knives, AFAIK Fehrmann was persuaded to remove them for obvious reason (overall design) ...

However the longer I browse the internet for different makers I just seem to find more designs by other makers featuring "Busse-holes", that's why the question popped up.

I have only three "Busse-holes" (i.e. three knives, Leatherman Tools do not count): one Desert Anorexic Badger, one Active Duty and my proto.

...

Regards

Mark23


EDIT:

TOPS:
indexquad2.jpg


PUMA:
scoutgro_.jpeg
 
Just a question, how can you copyright a hole? Does that mean I can copyright a lanyard hole and no one else can use it?
 
I was wondering about the same thing. Granted, there are greater minds than mine in this world. I guess we will have to wait for the Master. Some of the Fehrmans are quite similar already, but I'm not sure about the rest.
 
You are not copywriting a hole. If you are using it in a specific location (in this case in the guard), on a certain product (in this case knives), and it allows others to identify your product(as a Busse), then it is a trademark.
 
I don't think I am talking out of school here.

The front talon hole is, to the best of my knowledge, a registered Busse trademark.

Rather than say something here that may be innacurate, I think it best that you try and get in touch with Jerry at the shop.

Hope this helps.

Mike
 
I seem to recall when the Fehrman thread boiled around here, the topic came up. I am also pretty sure Jerry was careful to stay out of it.
I think that it is a Trademark, and Jerry could ask them to stop using it. IIRC, it's a question of whether or not it could cause confusion: i.e. would you confuse a TOPS or Puma with a Busse because of the hole? With the Fehrmann's I'd say yes, they looked very similar, the others I'd say no. The difference (I suspect) is why they continue to use them.
Just my 0.02 :confused: and worth every penny :rolleyes:
 
Note if you look at Tops and Puma's knives they have two holes at both the edge and the spine of the blade. It is different enough not to be an infringement of the trademark.


The fact-

The Talon hole is a Registered Trademark of Busse Combat


Your use of the trademark talon hole is a violation of the trademark. Do I think Jerry is going to send a crack legal team half way around the world to file lawsuits against a fan of his work, that used the hole on a personal project I would say no, but to continue to use it without consent is disrespectful plain and simple. Let Jerry make Busse knives, leave everything else to everyone else.
 
I think this has been covered in the past and I'll let Jerry cover this if he chooses to.

My one comment it that having a Trademark is MUCH better then having just a Patent. A Copyright wouldn't really apply here.
 
Cool. Always good form to cite your inspiration.
Any chance of getting a pic of that proto up here?
 
YES, the lower front guard hole is a REGISTERED TRADEMARK of Busse Knife Co.

When we discuss legal matters with other manufacturers we prefer to handle these issues in a private and professional manner.

I can tell you that ALL of the manufacturers who have used the mark and who were contacted by us, have been very cooperative in removing the mark from there product line. In all cases thus far, the behavior of the gentlemen contacted has been commendable.

Some of the manufacturers that were mentioned in this thread as still using the mark, DO NOT continue to use our trademarked guard hole.

Jerry
 
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