- Joined
- Dec 8, 2006
- Messages
- 216
PS - Feel free to keep kicking the dead horse. This thread is about Knives of Alaska... Maybe you would get more people to debate with you if you started your own thread...
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Or are you, flipe8, The Deacon, and all the others who accuse Benchmade, Cold Steel, and the other manufacturers of "stealing" only capable of arguing with people who don't know the law?
digitalrebelttu has posted facts, which is more than anybody else here has done.
It is obvious by what he posted that Spyderco took Benchmade to court and lost.
Get over it and move on.
digitalrebelttu, do you by chance have a case number for Spyderco v. Benchmade? I would like to call the courthouse and get more information on this case.
Actually, you posted multiple times that people should look up trademark law, something you apparently are incapable of doing. What you are doing is trying to deflect the argument by attacking me personally instead of learning the relevant law, which I posted, its a pathetic attempt to cover up your inability to read over a sentence without your eyes glazing over.
Thanks for the personal attack, but I won't be sinking to your level.
Really tell me, are you capable of an intelligent discussion? I read the materal have you? Perhaps you can explain to me why Spyderco didn't tell the PTO about its utility patent when they applied for the trademark? They are required to- not doing so looks an awful lot like willful deception- that is only a Sherman Act violation, punishable by 3 years in prison and a $10M fine. Why don't you explain that to me? Or are you, flipe8, The Deacon, and all the others who accuse Benchmade, Cold Steel, and the other manufacturers of "stealing" only capable of arguing with people who don't know the law?

For someone who claims to be a lawyer, you should be more considerate of that "libel" label you throw around. I seriously doubt I've accused anyone of stealing. :jerkit:
No I don't, you could try contacting the lawyer, that may or may not work. The problem with trial courts is that the files may be a bit thin, particularly if the case was settled early in the process and the cases are not generally published. It does say it was a confidential settlement, so the file probably just has a final order of the judge saying that the settlement was accepted but not the terms. It does say it was removed to federal court, so if you have access to Pacer (a website that shows federal cases- you need to pay for it) you could look it up on there, but you may just get a docket statement or you may get scans of everything filed. If you are interested in seeing what a lawsuit looks like, the trademark prosecution file, available for free at the PTO website, includes copies of the petitions for 3 lawsuits filed by Spyderco against various parties for trademark infringement, but it does not include the outcomes. Those petitions do have the cause numbers and the courts on them.
You can find the prosecution file by going to the PTO website, under trademarks and search for serial number 74624039, you'll find the trademark in question. So if you click on TDR, you'll get a list of documents. Click on the unclassified 26 Dec 06 record and you'll get 333 pages of the prosecution history (a prosecution is the name for the application process for a patent or trademark). In that, you'll find a number of petitions (basically lawsuits) that Spyderco has filed- one against Kmart, one against B&F systems, and one against AJ Classic industries, all concerning the hole. http://www.dwt.com/practc/int_prop/iptech_clients.htmare the ones who represented AJ and they list it, so I assume that they won or else the law firm wouldn't list it.
What is there to discuss? You already reminded us that Sal said there was no theft and there was an agreement. Don't flatter yourself that you ended the debate in that thread. It was already over. It limped along for a few pages after Sal's "back from Europe" statement, but was already walking dead. Which is where you jumped in with your information.
So lets cut out the chaff shall we.
Both companies said there is an agreement and Sal said there was no "theft" of anything.
So far, it appears clear Spyderco won't be pursuing legal action on its trademark.
It is also abundantly clear that holes exists in multiple companies blades...short posters seem to revel in digging up examples...Busse, Benchmade, Alaska Knives...etc.
The trademark obviously limits no one from doing their thing. (Which I believe is what Boats was arguing for.)
So we are left with just you. Mr. I read three hundred pages of information on this case so I know what I'm talking about. All in your spare time did ya? Sort of a hobby and a profession? Internet forum lawyer extraordinaire. I note as the thread continues your boldness and accusations grow larger. First it was just attacking the statements of one poster, throwing out SLANDER as a key term.
Then you manage to tie Spyderco along with him with cute phrase, "Tacit Approval"...but of course you, "have nothing against the company" (Spyderco).
Which of course leads us up to you responding to the cartoon avatar of Elmer Fudd and with something about Spyderco in prison for 3 years with a $10 million dollar fine.
Don't be surprised if you don't a warm internet hug from everyone.
Go ahead with the personal attacks, all it shows is that you are unable of having a civil discussion and you have a total lack of character and personal integrity. I notice that you don't dispute a word I say, you don't look up anything for yourself, you resort to a personal attack because that is all that you are capable of.
Great. Thank you very much. I've already talked with some folks at the second district court in Colorado. They have been very helpful. I'm simply doing this research because I want to know for my own personal reasons.
I have a friend who has access to Pacer and I am having him look up a few things for me.
You have been a big help. Thanks!
If you would post what you find or send me an email, I would appreciate it.
I guess I have you as company.
You already agreed to give it rest yet you forge onwards.
Actually, I clearly disagreed with your attempts to classify me as someone slandering up poor defenseless Benchmade. You have no idea what I've looked up and what I haven't. Kinda curious if you are really a lawyer though, I'd love to look that up.
Oh I see how that goes, now I'm not a lawyer. What are you going to do, out me like Boats? Is that where you want to take it? Do you really want to make threats across state lines?
I was accused of being a troll when I posted a thread comparing the Spyderco and Benchmade versions of the thumbhole (granted, it was a little inflamatory).
Imagine if Spyderco "borrowed" the Axis lock, and then if I went to a Benchmade forums, filled with pissed off Benchmade fans, and THEN proceded to tell them that Spyderco made better knives with the Axis lock then Benchmade ever did?
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I can't even imagine what responses I'd get. If it stayed unlocked.
Imagine if Spyderco "borrowed" the Axis lock, and then if I went to a Benchmade forums, filled with pissed off Benchmade fans, and THEN proceded to tell them that Spyderco made better knives with the Axis lock then Benchmade ever did?