I agree, it's counterfeit if it's being passed off as an actual Spyderco product either explicitly by naming and branding, or by implication as in an exact copy of an actual Spyderco product but not quite putting the name on it. Mimicry would be making something in the style of Spyderco, but not mimicking any specific model, or with significant differences. Like this one Sanrenmu 6020
which quite clearly apes the Bug series, but carries it's own branding. Ethically that's a copy, but maybe not legally.