Benchmade Lawyers Push Issue of BALISONG Push Issue of Benchmite BOX stating USA I never saw the box with 11 that were sold because they did not ship direct from me, therefore I had no knowledge and am not misleading as the lawyer makes me out to be.
Benchmade Motions for 3rd Amended Lawsuit
Benchmade Files 3rd Amended Lawsuit
Removes BALI-SONG allegations
866 Patent now includes Smith & Wesson, Schrade, and any automatic knife with a lock.
Toward
the end of November 2008, Benchmade discovered the
defamatory statement on Roadsideimports LLC website
AssistedKnife.com under the heading "Cheap Shit Warning"
The following false and defamatory statement about plaintiff Benchmade on one of Roadsideimports websites:
Except for Benchmade they suck, they are a dishonest company who lie to Americans, they steal German Designs and Designs from US Custom Knife Makers and run to the US Patent Office. They sell stolen designs. They use materials from other countries. They bully knife makers and knife sellers and use their corporate power to be BENCHMADE THE AMERICAN CORPORATE
SCUMBAG. They produce CHEAP SHIT
and it is OVERPRICED JUNK. BENCHMADE SUCKS.
While some of the
assertions in this statement may be protected commercial speech, other
assertions are actionable trade libel under Zenith Corp. v. ExzecTouchsystems
Inc 182 F.3d 1340, 1347-48 (Fed. Cir 1999).For instance, the allegation that
plaintiff Benchmade lies and sells stolen designs is false, likely to deceive knife purchasers, material to purchasing decisions, and likely to result in injury in the form of lost sales. Id. Benchmade should be allowed to include its new claims for defamation and trade libel in the lawsuit against Roadsideimports
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Watch the Video Explanation & Response to the Allegations.
Information gathered from Paul Beretta that will disgust everyone from 2004.
http://paulberetta.com
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August 2008, Benchmade discovered trademark name violations on Roadsideimports LLC website
AssistedKnife.com using the word "balisong"
Roadsideimports also sells multiple butterfly knives on his assistedknives.com website using the term "Balisong."
Some of the butterfly knives sold by Roadsideimports are similar to the butterfly knives sold by Benchmade under its BALI-SONG markl
Roadsideimports’ use of "Balisong" infringes Benchmades’s trademark rights in its registered trademarks for BALI-SONG and BALI-SONG and Butterfly Logo.
Roadsideimports’ sale of butterfly knives similar to Benchmade’s BALI-SONG knives under the name "Balisong" is likely to cause confusion and constitutes intentional passing off and unfair competition.
CASE UPDATE - March 20th
All charges on the use of the word "balisong" have been dropped. Benchmade cost me thousands of dollars and then simply drops the charges after the video post. This is not acceptable behavior and please continue to push for a TTAB hearing to get the BALI-SONG trademark revoked so that this can not happen to anyone else.
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Watch the Video Explanation & Response to the Allegations.
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Mentor is the owner of U.S. Patent No. 5,822,866 entitled "Safety Lock for Automatic Knife" issued October 20, 1998 (the "866 patent")
On his website AssistedKnife.com demonstrates how to convert the Boker Magnum knife and the Boker Kalashnikov knives to automatic knives
Roadsideimports aslo sells various models of the Boker Magnum and the Boker Kalashnikov knives with conversion kits so that a customer may convert these knives to automatic knives according to Roadsideimports’ conversion demonstrations.
In the course of the conversion demonstrations, Roadsideimports makes automatic knives out of the Boker Magnum and the Boker Kalashnikov knives.
Wen converted to automatic knives, the Boker Magnum and Kalashnikov knives infringe the "866 patent"
Roadsideimports’ conversion demonstrations infringes the "866 patent"
Roadsideimports’ advertising and sale of conversion kits and/or his demonstrations of how to perform the conversion induces others to infringe the "866 patent."
Roadsideimports’ also sells a conversion kit for the Boker Speedlock 3000 so that a customer may convert the Boker Speedlock 3000 into an automatic knife.
When converted into an automatic knife, the Boker Speedlock 3000 infringes the "866 patent"
Upon information and belief, Roadsideimports has infringed the "866 patent by converting the Boker Speedlock 3000 into an automatic knife.
Roadsideimports knew or should have known that this offer to sell and sale of conversion kits for the Boker Magnum, Boker Kalashnikov, and Boker Speedlock 3000 would result to direct infringement of the "866 patent."
Roadsideimports has known of the "866 patent and plaintiff’s contention that he infringes the "866 patent and/or induced the infringement of the "866 patent" since at least as early as September 24, 2008, but has continued to sell conversion kits and demonstrate how to perform the conversions.
Roadsideimports’ actions described above have been in deliberate, willful, malicious, and reckless disregard of the rights of the Mentor and Benchmade.
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Watch the Video Explanation & Response to the Allegations.
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