The tree has to go

Jarrett Fleming

Jarrett Fleming

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Jun 5, 2011
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After 4 years of using my tree logo as my maker's mark I was approached at Blade by Boker and told that I am not allowed to mark my knives with a tree. According to them no one in the knife industry can put a tree on a knife besides them. So what this means is that there will not be any more blades made by me with that mark. I have several knives left over from the show that I will be posting up for sale over the next week or 2. Those will be the last knives available from me with that mark, and who knows they very well could be collectible at some point. So if you are interested in picking one up keep an eye on my forum.

I'm not sure what I want my new makers mark to be if any of you have any suggestions please share. I have thought about maybe putting an oak leaf because that oak tree is special to me and my family. I have never explained why I had that mark in the first place, but there is a large oak tree on the family farm that has been here for many generations. I have also considered just using my name and no logo. I can keep the tree logo on my business cards, t-shirts, etc. but it cannot be on the knives. I don't want to use another logo and then come to find out another company has a similar trademark. I would prefer to stay as far away from the political side of the knife industry as possible.
 
That seems ridiculous. The logos are pretty different, even if the tree shapes are similar. Are they going to make Fantoni stop using their Christmas tree? It is a tree after all.
 
Any tree? Have you checked their actual legal right to the "Tree" mark? That sounds far too vague to be something they can actually defend. A specific type of tree or tree shape I can see being trademarked, but for a company to be granted the exclusive use of all tree images sounds improbable if not impossible. I'm not surprised they would say this to you however. If you have not already done so, I would do more research into their actual trademark rights.

With a Google search I found this in 1 minute...Here's what appears to be one of their current trademarked images used on blades. Described as "Trees or bushes with generally rounded shape, including deciduous trees." This trademark is current until 2022. This does not necessarily mean "all trees".

http://www.trademarkia.com/treebrand-arbolito-boker-75381764.html

With a little digging you can find more detailed information. It sure seems to me like they are pressing too hard on you and you may actually have the legal right to use your tree...you just might have to make it a "generally squared shape" or other similar modification. I am not an attorney and I am not giving you specific legal advise. However, I suggest you look further into the details and possibly speak with an attorney that can confirm your research. You might be able to get everything you need on-line for free. If not there are sites that will give you full detailed trademark and copyright information for about $149.

Best of luck to you!!
 
Is this definitive Jarrett? The legal discussion didn't help? Either way you have my support man. I hope it turns out positive for you.
 
I agree with The Gear Guy. I don't see how they can trademark all trees. Plus your's looks like a tree. Theirs looks like a stick
 
I think I would have to have something a little more firm than just a comment from a rep at the blade show. Sounds like the new guy is getting pushed around.
 
Guys I agree it doesn't sound right to me either and I know I could fight it in court, but I have a feeling little ole me trying to fight one of the largest knife manufacturers in the world wouldn't go so well. It's just not worth the time, headache, or money to pursue this for me. They made their decision and they will take it to the next level if I decide to continue the use of that mark. They approached me before the show even opened on Friday so it was a great way to start the show (sarcasm). Luckily for me everyone else was great and I had a nice time. I own several boker knives that I picked up over the years and I will never own another.
 
I understand your position Jarrett. And, if that's the easiest course of action for you to continue a happy life, you do what you need to do for you.

It just pisses me off to see a big company pushing around the small guy expecting to get exactly the response you are giving them. I don't think you're wrong for taking the position you are taking but I sure think they are wrong for doing that to you.

I was already doubtful that I would ever buy another Boker (just for quality reasons) but now I'm sure I won't. I don't and won't support any type of bully.
 
I understand what you are saying too my friend, and don't get me wrong I have thought about this A LOT over the past few days. Sometimes it just isn't worth it even if you know that it is wrong, and this is one of those times for me.
After this happened to me I was informed of several other "bully" horror stories in the industry, and none of those companies will ever have my support.
 
You could do a chopped down tree, ie; a tree stump with a visible root system below. :D
 
That's a bit ridiculous on the part of Boker. I'm sorry to hear that. Flip your tree upside down and call them roots. That way if anybody asked why you changed it, you could tell them "because Boker took my tree". Probably would t actually look that bad either. Could even have the roots growing from the F in your name.
 
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You have been bullied, period. They can sue you and they will lose if your mark is clearly distinguishable from theirs. Let them waste legal fees and you can even countersue and would likely win. Ignore them and move on...
 
A maple leaf would be a great idea, since you can't do the tree.
 
Boker just lost my business.

Sorry to hear about your Blade experience. I really liked that logo too. Very original. Good luck with finding a new idea for a logo. I'm excited to see it.
 
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