Here is a lawsuit CASE XX filed for doing custom scrimshaw on their knives.

[MrMister]

My issue with Case has went no where, but after all the research and reading I have did, I am abandoning ever scrimshawing/selling anymore Case XX knives. Here is a link to a lawsuit a few years ago against someone doing custom scrimshaw work on their knives: http://www.knifeforums.com/forums/printpost.php?tid/758015/pid/832067/ Just want to warn others on here who might decide to do scrimshaw on Case knives and try and sell them. Also on the zippo.com website, go to this link and read #2. Here is the link: http://www.zippo.com/auction_sites.aspx Zippo is somehow the owner of Case XX. So wether we think it's right of them to control things like that or not, it's just not worth the headache and aggravation when there are so many other knife brands as good or better than those. The company could care less about answering any questions too, because I emailed them five times to try to get some kind of explantion with zero response, even the company president. I had to google and search and read before I could find anything out on this. On the lawsuit in the link, apparently they won because the guy's website in there when you type it in goes to the main Case site, so they got his website. I'm just curious now if there are any other knife brands like that? I've been trying to contact some just to be sure so I don't have trouble again. Just thought others might like to know what I found out.

 

[Brian Marshall]

Interesting articles... I guess employment statistics will be going up?

Gonna need a hundred or so lawyers to weed through the Internet and file more lawsuits. Especially if the Zippos get involved too...

"<SALES OF ZIPPO LIGHTERS THAT HAVE BEEN DECORATED WITHOUT THE WRITTEN CONSENT OF ZMC>"

"<Unauthorized alteration, decoration, engraving of Zippo lighters and sales of Zippo lighters that have been engraved, decorated or otherwise altered without ZMC’s consent, infringe it’s trademark rights. Specifically, the alteration, decoration, engraving and sale of Zippo lighters, using images and designs that have not been authorized by ZMC, directly infringes Zippo’s trademark rights.>"

"<In addition, the decoration of Zippo lighters with images and designs not approved by ZMC is likely to tarnish the reputation of the ZIPPO trademark which for some eighty years has been perceived as an All-American icon.>"

Looking forward to receiving my letter in the mail along with a few hundred other guilty guys & gals....


My personal take on this is that if you scrim or engrave in such a way as not to interfere in any way with the function of the item - it oughta be left alone.

Don't we have enough totally unenforceable laws in this country? (Ooops, is that a political statement worthy of censorship?)


But then the employment statistics won't go up fer the poor lawyers... oh well, can't win.



Brian


I'd still like to hear Buck and Spydercos position regarding this? Anyone on here close enough to the mucky mucks to ask 'em?

 

[MrMister]

Actually they talk in the lawsuit about him customizing them and don't specifically say scrimshaw, but he I'm sure it involves engraving, scrimshaw and all the typical things someone into doing customizations of knives would do. Regardless, Case XX plainly does not want their product altered in any way and resold that way.

 

[MrMister]

Brian, I've found online stories of people selling custom zippo lighters websites being shut down, being pulled from ebay. Zippo and Case are basically the same company so from all my research they want no one to do anything whatsoever to a knife of theirs, or a zippo lighter, in the way of customizing it and re-selling it. If anyone else can find anymore info on all this, I would love to hear it. I don't know about Buck and Spydercos, but I emailed a few others hoping to get in touch with someone in charge and I'm gonna get them to mail me in writing that it's okay fo rme to customize on their knives and resell them.

 

[Haraga.com]

Quit selling on eBay!!!!!!!!!

 

[Brian Marshall]

Yer gonna get yer letter too Leonard... don't be hidin'

Won't be no amnesty for guys like us...


B.

 

[mitch]

i'd love to see the 'case' law supporting this sort of threat. products are modified every day and resold, from cars to clothes to you-name-it. you buy, you own it, you can do pretty much* whatever you want with it, as long as you're reasonably specific about it NO LONGER BEING A FACTORY ITEM. even if you change the functionality, the worst they can do is void a warranty (i.e. new exhaust or turbo on a car). can you imagine Chevy, or Porsche, or Ford, or Honda, etc., telling an owner you can't resell your own property? or can't advertise its original make & model? it's ludicrous!

also, there's no way for an individual to control website links. the mere mention of a brand name- which is, or should be, a legitimate description of the goods on offer could trigger that.

 

[MrMister]

I tried finding the result of this lawsuit, but still haven't. They may have come to an agreement and maybe that is why I can't find it, but I think more in case's favor, cause typing in that website address the man had selling the knives now leads to the main case site. I've just personally decided to just avoid Case knives altogether when it comes to customizing now, but I want others to be aware of their knves and the zippo lighters and what could happen. Read online about entire websites being pulled because of this.

 

[Haraga.com]

Ok, man up and sell the altered case knives on eBay. Lets see what happens.

 

[Brian Marshall]

Anyone think I'm gonna spend my retirement years in the hoosegow if I start scratchin' up the Colt slide that's next up on my bench?


Brian

 

[Red Green]

You might if it turns out it belongs to a terrorist, don't worry Cuba has real nice weather.

Bob

 

[Haraga.com]

Except the Americanos can't go to Cuba yet.

 

[DakotaDocMartin]

There are many such custom knife makers who have been in the business for many years. David Yellowhorse for example. I don't see how Case can stop it. Colt tried to sue everyone that was making 1911's and SAA's several years ago and that didn't go anywhere either. That article was dated 2006 and there are still a LOT of websites selling customized Case and Buck knives. I don't think I'd worry about it very much if I were you. About all you have been doing is drawing attention to yourself by contacting Case. It's probably better to just do it and not ask permission because they won't authorize it anyway.

 

[Red Green]

He gave up his rights as an American the minute he was accused. I hear he spends a great deal of time down in Mexico, that may be where he's laundering his millions from terrorist engraving.

Bob

 

[MrMister]

Hi, Doc. I actually didn't contact Case, they had my knives pulled from ebay last week and if I put more on there I customize I will have my account frozen. Doing a web search it happens a lot not just on ebay, but on websites. I think it can be random, but could happen to anyone and they specifically state they don't want their product to be resold if it's altered in any way. I think they have a lawyer that scans the internet for things like that.

 

[MrMister]

I mean I didn't contact them until after they had my scrimshaw knives pulled. Then I contacted them to get them to clarify what the problem was with zero respons afer five e-mails to the woman I was told to contact about the matter. I now have zero interest in doing scrimshaw on a company's knives that have that attitude, so I'm boycotting them, but I just want to share my experience and tell people to watch out and not be suprised if you do something on zippo lighters or case knives and decide to sell them and they get pulled from ebay or a website you may happen to be selling them from.

 

[Eugene Carkoski]

Why don't you let the customer purchase Zippo lighter, case knife whenever and then you modify it for them?

 

[DakotaDocMartin]

I've been an eBayer since shortly after they started up. And, I've made a lot of money on there. They have come up with some goofy ideas through the years but, I still use them for some things. You might be better off selling on Gunbroker.com or give Etsy a try. You may even be able to sell your stuff to one of the many custom knife retailer websites. I did some of that with jewelry for awhile.

 

[Mike Cirelli]

I didn't see the name Case anywere in that statement. Even though Zippo owns Case the Zippo trademark has nothing to do with Case. The statment also only is for internet auctions sales of Zippos.

 

[MrMister]

Zippo owns Case XX knives brand and that statement on their website pertains to internet auctions(They apply all of that to Case knives too), but from what I've read they will go after anything online even a private website selling the Case knives or Zippo lighters altered without their express written permission. Hi, Doc. Thanks for the advice and I might try that. The only thing I like about ebay is the huge, world-wide market and I don't think any other place selling on the internet comes close.