Team Gemini fakes on ebay

If you have a patent or a trademark, you must defend it. If you do not, you effectively give up your right to do so later. Jerry probably doesn't care a bit about these crappy knockoffs. But let's say cold steel, kershaw or one of the other well known makers started copying the talon hole. If he lets this crappy knockoff slide, it becomes much harder to defend his trademark when he really needs to.

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True, but the below are the steps to be taken. Not an insignificant set of steps. But worth it in the end I guess:

If an item or listing infringes on your intellectual property rights, you can report the alleged infringement by submitting a Notice of Claimed Infringement (NOCI) to eBay's VeRO program. The NOCI is located here.

You can complete the NOCI by filling out, printing and signing, then emailing/faxing the completed form to us. Once your initial report has been processed, we will provide you with information on how to submit additional reports, if necessary, through other electronic means.

eBay's VeRO Program may be contacted at:

By email:
vero@ebay.com
By fax:
(801) 757-9521
If you are unable to fill out the Notice of Claimed Infringement you can report copyright claims via a DMCA notification to eBay's designated agent by providing the following information:
a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
identification or description of the copyrighted work that you claim has been infringed;
identification or description of where the material that you claim is infringing is located on the eBay site, with enough detail that we may find it on eBay's website;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
eBay's agent designated to receive claims of copyright infringement may be contacted as follows:

By mail
eBay's Designated Agent
583 W. eBay Way
Draper, UT 84020

By fax
(801)757-9521

By email
copyright@ebay.com
 
That's close enough for Walking Dead wannabes costumes,.especially with Halloween coming up soon. Real Busse customers demand INFI because of the performance not Daryl. Hopefully a piglet or two won't be tricked by these.

The real concern is OP2W. When are the Desert Storm Fighters coming out. Sage / Camo / OD Black G10 :-)

The way I can see it being sold as a busse is if it is sold as a stripped user. Which is why ebay is buyer beware.
 
Oh. These guys have been around a long time. I'm sure Jerry is already well aware of them.

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Oh. These guys have been around a long time. I'm sure Jerry is already well aware of them.

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yup, they also ripoff the united hibben rambo knife stuff. :D
 
It costs only $4.95 (including shipping and likely refundable by eBay should quality not be up to your liking upon receipt) to obtain a piece of junk that entitles you to leave feedback for the seller of this particular item :)
 
It costs only $4.95 (including shipping and likely refundable by eBay should quality not be up to your liking upon receipt) to obtain a piece of junk that entitles you to leave feedback for the seller of this particular item :)

Funny thing is that you can get a pretty descent knife for the price of that fake.
 
Funny thing is that you can get a pretty descent knife for the price of that fake.

True, but at any rate I consider less than $5 to annoy this guy (while having an excellent chance to get my money back regardless) a heck of a good deal.
 
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Putain de chink :mad:

Racist comments in French are still racist. :mad: Next one earns you a 30pt. Infraction, and your 3rd will get you banned. Period.
 
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Dang, this one is even ripping off the Busse logo. :cool:
Guys, THANK YOU for posting all these up, good to be aware of the knock-offs and make me sick to see that once again something so proudly made in America is being ripped off by scumbags with no respect for other people's work.
 
Is there a different kind of trademark registry for actual physical characteristics of a product? Just doing a quick search I could only find one for "Busse" and one for "Busse Combat". Would a physical characteristic like the Talon Hole be under a patent?
 
Would a physical characteristic like the Talon Hole be under a patent?

No. Copyrights protect creative works, patents protect specific innovative functionalities, and trademarks protect non-functional source-designating aspects about a product (label, very specific color scheme, etc.). One could get both copyright and trademark rights in something (and they often do), but the rule is basically that you cannot trademark a functional aspect of a product, while a patent by its nature requires the patented material to be both functional and innovative/non-obvious in light of prior art.

Jerry has previously noted it's an incontestable mark (http://www.bladeforums.com/forums/s...ature-of-Busse-Knives?p=10588448#post10588448), though I'm not sure how/if Busse's lawyers have dealt with a functionality objection. Basically the argument would be 'you can put a hole up near the hilt a ton of different ways - it's not functional to copy the look of the talon hole specifically'. There's always the legal defense of 'no likelihood of confusion' if you want to use something like a talon hole but clearly distinguish your product from Busse's product (in this way, TM is unlike and less protective than copyright, which offers absolute protection from any copying of the protected material)...but if you lose that argument (the registered mark means the owner starts with a presumption of confusion) you'll have been found to have infringed the TM. And while a TM isn't copyright, you can also infringe by diluting/tarnishing a TM...even if your use isn't confusing.
 
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I'm surprised the seller knows the link between Light Brigade and Cavalry. Points to the guy being a better English speaker than most Chinese fakers. Maybe he is even domestic?
Also if I read right 3 already sold! Maybe some are buying it for the sheath only?
 
I hate to say this knowing I am going to take some flack, but I actually know some of these guys doing this in China. I tend to visit there often. While on a business trip a few years ago, I took a tour of several of these factories that build stuff like this. There are whole towns that just turn out fakes. It is a real problem over there. For example, I build a widget item A, well an employee will sneak one out of the real factory and give it to his friend that will then take it and copy it, put a fake name on it and try and sell it. There are websites out there full of fakes. We are constantly being asked by our manager or vendors to send them a real item for them to personally use because it is hard to buy the real item even in China. We ship real stuff to them all the time just so they know it is real because it comes from the USA. They fake everything, purses, baby bottles, knives, shoes, you name it. During Christmas we leave the store tags on presents so the families know what we give them is real. People are very skeptical in China about getting a fake for personal use, but they have no issues manufacturing and selling them to others.

The machine shop I went to was pretty well set up. It was a large warehouse with a machine shop on the corner of it. They could build any knife I wanted. The more I order the cheaper they were. Some of these places have actual contracts with knife companies and build components for them. They keep the seconds that don't pass QC for the real company and sell them out the back door. I brought home a box of samples from all the major companies, most of which I gave away telling everyone they were fakes. Some were real, just seconds. The manager pulled out a huge catalog of knives they already have imaged and made CAD of. They just put in the material and turn on the CNC and make what ever you want in small batches. An issue I did see is spelling and some obvious quality issue. Grind lines might be crooked or the finish off. They did not really care so much. The material they use is actually good steel for the most part. It is just a CNC copy of a real name knife cut on other materials. Some of them are not even heat treated or not properly heat treated. They HT them in huge batches and sometimes not at all. Several of the samples I had seemed to now have any HT on them at all. All I have to do to get this knife is send an email to the manager, tell him material I want it in, handle material and how many I want. I could have just about every OP2W blade that has been released by Christmas if ordered. That is the extent of these operations. If they don't have it on file, I send them a link to the webpage and they copy it straight from the page onto CAD. It is not so hard to do this actually. The dimensions are listed on the site, you just need to scale it properly. You can tell the ones copies from the website though. Busse does not take the pictures of the blades straight on top of them. So the end of the handle is distorted in the pictures. You will often see this distortion reflected in the fakes because they took the picture to do the CAD from the Busse site and could not find a better picture to do their spec drawing.
 
There has very recently been a member actively buying a LOT of Busse knives on the exchange (some pretty nice ones too) that has openly admitted to taking them over to China. :rolleyes: Where they end up at that point is anyone's guess. :eek:
 
Now that is interesting within itself. There is a market for authentic items for sale in China. The part of that is now they have the actual knife to make the copy from. Once you have the piece in your hand, its real easy to copy it.

There has very recently been a member actively buying a LOT of Busse knives on the exchange (some pretty nice ones too) that has openly admitted to taking them over to China. :rolleyes: Where they end up at that point is anyone's guess. :eek:
 
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