I am not a lawyer ( nor do I dress up like one on Halloween )......so I do not understand why applying for a trademark by a knife manufacturer on the "Hole" is "noxious" as they were the first to pioneer it's development, despite the original patent expiration. All of Spyderco's literature, marketing, and advertising right from the company's outset clearly associated their product with the "Hole". Perhaps their only mistake was not to initially apply for a trademark on it rather than a patent.It was patented. Keyword is was. As the patent expired, Spyderco filed for a trademark on the hole, a trademark that Benchmade could easily challenge if they chose to.
Benchmade paid royalties for the patented hole when it used an unrelieved circular hole. They have an arrangement, (probably not to decertify Spyderco's noxious trademarking of an expired patent) even today.
...my sense is, in our litigious world, if Benchmade thought they "could" successfully challenge the Spyderco trademark issue they would.....large companies don't "chose" not to litigate if they believe they can win in a court of law.It was patented. Keyword is was. As the patent expired, Spyderco filed for a trademark on the hole, a trademark that Benchmade could easily challenge if they chose to.
...........I'm sure their trademark licensing is purely a business decision to increase revenues.......what is the "moral dilemma" with this approach. I'm not certain I see an issue with this if Spyderco was the first to "originally" develop and employ the "Hole" ?I am still looking for one Spyderco fan to tell me of just one other company in any industry that "licenses" its trademark to direct competitors.
I am still looking for one Spyderco fan to tell me of just one other company in any industry that "licenses" its trademark to direct competitors
I don't fit the "Spyderco fan" part, but I can provide an example of this for
you. Years ago, Specialized Bicycles let other companies that they were in
direct competition with use their patented "Horst Link", which is an integral
part of most of the better rear suspension designs.
Spyderco apparently hoodwinked the trademark office into thinking the hole was adornment, not an actual feature to aid in the one handed opening of the blade.