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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Video Removed Illegally By Benchmade on July 2nd, 2009 Claiming my Video was their copyright.
Video was Placed on DailyMotion To Prevent Benchmade From Further Violating the 1st Amendment
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Read below for the solid proof from Paul Beretta that will disgust everyone from 2004.
http://paulberetta.com
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Benchmade saw fit to disregard Spyderco’s trademark on the round opening hole with several models they introduced. I believe that those who attempt to justify their continued support for an ethically bankrupt company use arguments that are unsupported by the facts to assuage their consciences and defend their morally reprehensible position.
Fact: Spyderco’s now expired patent was for a depression in the blade of a pocket knife that allowed the thumb to open the blade - the trapezoidal depressions in the C27 Jess Horn fit the patent description just as the round hole opener does. The patent neither required the depression to go all the way through, or precluded it from doing so. Spyderco’s trademark, on the other hand, is for a single specific implementation of the patent, the one they have used on their folding knives, to the exclusion of all other implementations (except the single specific one noted above) since they began producing knives.
Fact: As mentioned above, the round hole opening device has been used as the opening device on every FOLDING knife except one that has been marketed under the Spyderco label from their first, the C01 Worker to their latest release. The sole exception was the C27 Jess Horn. It has therefore become, to many people, the most certain way of identifying a folding knife as a Spyderco, since it is always visible, from either side, whether the knife is open or closed.
Fact: A company’s use of a trademark on one distinct group of products (in this instance folding knives) and their non-use of it on other distinct product groups (fixed blade knives, kitchen sharps, sharpeners) does not impact the legitimacy of the trademark.
Fact: Companies are allowed to have more than one trademark, so the existence of other Spyderco trademarks, such as the "bug", does not does not impact the legitimacy of the round hole opener as a trademark.
Fact: Functional features CAN be given trademark protection, as long as the functionality of the trademarked feature does not confer a functional advantage over other implementations of the feature. As an example, paint on a vehicle serves a functional purpose, but John Deere has a trademark on a specific color of green.
Fact: Other knife manufacturers, including Benchmade, who have used oval and other shaped opening holes have asserted, and continue to assert in their advertising that their opening hole is superior to the round one. By that assertion, they have eliminated the argument that the round hole opener has a functional advantage over other shaped holes. The fact that ANY hole opener of reasonable size, regardless of shape, has a functional advantage over thumb studs, disks, nail nicks, etc. is beside the point, since there are myriad ways to implement the functionality (hole opener) without violating the trademark by making it round.
Fact: Companies are allowed to license the use of their trademark to others, but such license always includes the provision that the trademark be acknowledged when it is used. An example of this would be the Boker 2006 Annual Knife, with its damascus blade and Spyderhole opener.
Fact: "Agreements" made after the fact may decriminalize a person or company’s behavior, but they do not make it moral or ethical.
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Read Posts from the Internet.
You can Click on the Icon for the Direct Links
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The General on BritshBlades.com states:
"I think its a disgusting example of how one of the most morally corrupt knife companies in the world behaves.
Yet another reason why I won’t buy a knife from them."
yablanowitz on Spyderco.com forums states:
"I still think the BM stands for Bowel Movement, but that is just my opinion of their integrity."
I would be willing to bet this is not licenced by Spyderco. It appears to be an all out attack on the trademark. It also appears that I have purcased my LAST Benchmade product.
Well, so much for thinking that Les DeAsis has any honor or integrity. What a ripoff. They made it Red Class because they are having it built overseas (hence the Byrd steel), probably to avoid losing their U.S. plant should some court accidentally decide that it really is what it looks like - a blatant attack on the Spyderco trademark. I used to like Benchmade, but I’ll never buy another of their knives.
MacTech on spyderco.com forums states:
"well, to quote Mr Horse from the old Ren and Stimpy cartoon.....
Nosir, i don’t like it....
sorry, benchmade, since you didn’t show proper credit for the use of the SpyderHole, i won’t be purchasing any of your knives, and i *was* thinking of picking up a Mini-Grip or Grip, not anymore"
ghostrider on spyderco.com forums states:
"This topic has been discussed ad nauseum on the forum concerning the Vex. A search for the word Vex should bring up something.
The line from both companies was that Spyderco and BM had reached an agreement.
That said, I doubt you’ll see any credit or mention given to Spyderco in BM’s literature."
We’ve already heard defenders saying that the Spyderhole shouldn’t be a Trademark because it’s functional, so I guess it’s no surprise that BM would eventually get around to attacking the Trademark. While I reserve judgement untill it’s known for sure if BM is working with the liscense, I highly doubt it to be so after thier behaviour on the Skirmish.
dedguy on spyderco.com forums states:
Benchmade fans always remind me of fervent Microsoft Windows defenders/ Mac haters.
thombrogan on spyderco.com forums states:
"With the custom version of the Skirmish, there’s a violation of Spyderco’s trademarked round opening hole and a violation of Ken Onion’s design patent.
Puyallupknifegu on spyderco.com forums states:
"Ripoff!!!! Now I am annoyed!!!!...just glad I’ve never purchased a single BM product. I got to handle the "knife" in question at a show this weekend, and guess what? It’s MADE IN CHINA!!!"
4 s ter on spyderco.com forums states:
I’m afraid that if Benchmade were really trying to do "the right thing" they wouldn’t just say that the Vex is a "Benchmade design" and not give Spyderco any credit. As it is, I would say they’re just following a LONG established pattern of not giving credit where credit is due and not respecting itellectual property.
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Read Posts from my Youtube Channel on the Spyderco Issue.
You can Click on the Icon for the Direct Link.
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Razor9350 on RoadsideImports’ Youtube Channel states:
"I can’t believe this company!! They steal knife designs, make cheap knives out of them, sell them for ridiculous prices and NOW they file a lawsuit against you for insulting them?! How self-absorbed can a guy get?!?!"
Sk8brdr323 on RoadsideImports’ Youtube Channel states:
"Wow... Benchmade has really been going down the shitter before and ever since they lost their military contract to Gerber ..."
mr0scary on RoadsideImports’ Youtube Channel states:
"benchmade are a bunch of pussies "
zombuy on RoadsideImports’ Youtube Channel states:
"Fuck the immoratlity and corruption. Their knives just flat out fuckin suck. I think the only thing they have been able to get right is their balisongs. Almost everything else I’ve handled from them is crap (hence why I do not own any). Cold Steel, KA-BAR, Gerber, Boker (even Magnum, their ’cheap-o’ brands) are all higher quality, and gernerally superior knives. Buy a BM if you want, but don’t be surprised when the blade brakes off or slams shut on your fingers.
Buy quality, not a brand name."
mrflowaman on RoadsideImports’ Youtube Channel states:
"Fuck Benchmade, after watching this video and reading into Benchmade’s shady practices. They can go sexually abuse themselves, and I will certainly not buy and therefore recommend my friends to buy elsewhere too!.
Goodstuff Roadside Imports. "
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More to come to expose: BENCHMADE THE AMERICAN CORPORATE SCUMBAG
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