Difference between mimicry and counterfeiting?

[SpyderEdgeForever]

Is there a clearly defined difference between mimicry and counterfeiting of a knife? Here is what I mean: I have seen companies that sell folding knives with Non-Round holes and almost round holes in the blades, for opening, such as other shaped holes, which do not in any way call themselves Spyderco knives or pretend to be Spyderco knives. But is that a form of "Respectful mimicry and imitation" or is that outright counterfeiting? What do you all say on that? Is it only counterfeiting if the manufacturer is claiming it is a Spyderco knife model made by Spyderco, or, is it a counterfeit even if it has the overall design of any form of opening hole in the blade?

[anagarika]

I think counterfeiting means pretending to be Spyderco complete with logo, etc.

The oval hole etc. that doesn't pretend to be Spyderco is more mimicri.

At least that's my understanding, I can be wrong though.

[aesmith]

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.