Is This a Trademark Violation?

A place to list and reference all Spyderco counterfeits, clones, and replicas that are found. Anything that isn't a legitimate Spyderco fits in this area.
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The Deacon
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Is This a Trademark Violation?

Postby The Deacon » Fri May 17, 2019 2:50 pm

Knife doesn't look anything like a Spyderco, hole isn't round, but is the Dragonfly name a Spyderco trademark?

http://www.artisancutlery.net/index.php ... uct_id=174
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Re: Is This a Trademark Violation?

Postby Doc Dan » Sat May 18, 2019 3:54 am

Certainly, no one would ever mistake that for a Spyderco, and given that the name Dragonfly has been used many times, I doubt the infringement.
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Re: Is This a Trademark Violation?

Postby wrdwrght » Sat May 18, 2019 10:09 am

I don’t think so. Absent an attempt at physical likeness, generic words that Spyderco happens to use are not restricted. Fair use.

Of course, heavyweight corporations have been known to buy unfair judgments.
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Re: Is This a Trademark Violation?

Postby The Deacon » Sat May 18, 2019 10:37 am

Doc Dan wrote:
Sat May 18, 2019 3:54 am
Certainly, no one would ever mistake that for a Spyderco, and given that the name Dragonfly has been used many times, I doubt the infringement.
wrdwrght wrote: I don’t think so. Absent an attempt at physical likeness, generic words that Spyderco happens to use are not restricted. Fair use.

Of course, heavyweight corporations have been known to buy unfair judgments.

You may both be right.

Still, the reason I asked is because I recall reading that Spyderco was forced to stop using the name "Pro Hunter" for the knife that first became the Pro Venator and later the ProGrip because another knife company had a trademark on Pro Hunter as the name of a knife. Granted "Dragonfly" is a common word, but common words can be trademarked in a specific context.
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Re: Is This a Trademark Violation?

Postby N. Brian Huegel » Sat May 18, 2019 11:11 am

On page 44 of the 2019 Spyderco Product Guide, the name Dragonfly has a ™ trademark symbol after it so one assumes that Artisan Cutlery use is a trademark violation.

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Re: Is This a Trademark Violation?

Postby Doc Dan » Sat May 18, 2019 7:21 pm

It is hard to put a restriction on the use of a name like that. I have to stop and think on it for a bit, but Spyderco and Schrade also have knives of the same name. However, when you get to a name like Endelica, or something, that is unique and could not be used by someone else since it is not a common name.
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Re: Is This a Trademark Violation?

Postby brainfriction » Sat May 18, 2019 7:21 pm

N. Brian Huegel wrote:
Sat May 18, 2019 11:11 am
On page 44 of the 2019 Spyderco Product Guide, the name Dragonfly has a ™ trademark symbol after it so one assumes that Artisan Cutlery use is a trademark violation.
Yeah but there's a lot of nuance to trademark law. I don't think it was Artisan's intent to confuse anyone, and it's pretty doubtful people are getting the two knives confused with eachother. If Spyderco tried to sue them I'm pretty sure they'd lose.

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Re: Is This a Trademark Violation?

Postby Rpp » Mon May 20, 2019 12:33 pm

No. Spyderco doesn’t have a trademark on Dragonfly with the uspto.

They do own “Counter Puppy” though.


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