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So specialized is working up to their slogan again.

CBJ

CBJ

year old fart
Mar 19, 2002
13,367
5,630
Copenhagen, Denmark
Even better people will like him even more and I am sure he can come up with a new logo in the same pretty font:



Never forget when my accountant made a Nike ripoff T-shirt for his summer party. I asked what he would do if Nike sued him and he said "I hope they will".
 
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jdcamb

jdcamb

Tool Time!
Feb 17, 2002
20,073
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Nowhere Man!
I doubt that Specialized would have even filed suit if they didn't have a home run. They have played the Legal game very well only because they have been forced too. Juries aren't what they used to be in the 90's
 
T

the law

Monkey
Jun 25, 2002
267
0
where its at
jdcamb said:
I doubt that Specialized would have even filed suit if they didn't have a home run. They have played the Legal game very well only because they have been forced too. Juries aren't what they used to be in the 90's
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Big companies file lawsuits all the time, even if they don't have a home run. They may even feel compelled to file a lawsuit even if they have a ****ty case to avoid weakening the mark. Tey probably suspect that the owner will not -- or can not -- put up a real fight.

As to your second point, in my opinion juries have not gotten more sophisticated since the 1990s when it comes to more complex legal issues. How could they? How many members of a jury would you expect to have any experience with trademarks?
 
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T

the law

Monkey
Jun 25, 2002
267
0
where its at
jonKranked said:
doubtful. trademark disputes aren't as cut and dry as other kinds of IP. the fact that the term "roubaix" predates specialized's trademark from both the city and the race work against spesh pretty strongly in this case.
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There are few actual cut and dry IP cases. Certainly not when it comes to patent cases or trade secret misappropriation. Cut and dry disputes are usually resolved before a lawsuit is filed.
 
jonKranked

jonKranked

Detective Dookie
Nov 10, 2005
89,839
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media blackout
jdcamb said:
I doubt that Specialized would have even filed suit if they didn't have a home run. They have played the Legal game very well only because they have been forced too. Juries aren't what they used to be in the 90's
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They filed suit because they had deeper pockets than the person/shop they were threatening. Same as they did with stratos.
 
Pesqueeb

Pesqueeb

bicycle in airplane hangar
Feb 2, 2007
42,854
20,472
Riding past the morgue.
Specialized must be feeling the heat.
Originally posted by Café Roubaix Bicycle Studio

Folks,

We can announce that your voices have been heard. We are now back in discussions with the other party. We are aware of recent announcements by third parties within the industry.

We thank you for your continued support. Also note, we are working on getting a pre-order sorted out for our popular shop jersey. Made by Santini. On our online sales - YOU are amazing people. Needless to say, we will be sorting out orders for a while. Over the weekend, we have received over 3500 emails, hundreds of phone calls and messages, how many ‪#‎s‬ and @s? Tweets? Do numbers go that high? Our little studio is just barely 900 sqft and cycling fans, cyclists, Velomintus, industry leaders & big shots, pro riders, and icons have all made their voice heard.

Thank you.
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dump

dump

Turbo Monkey
Oct 12, 2001
8,627
5,498
It gets better - trademark holder (ASI) says Specialized was out of line, and acted inappropriately based on their licence agreement.

via: http://bicycleretailer.com/north-america/2013/12/09/asi-says-calgary-bike-shop-can-use-roubaix-name

“We are in the process of notifying Specialized that they did not have the authority, as part of our license agreement, to stop Daniel Richter … from using the Roubaix name,” Cunnane said in an email to BRAIN. “While ASI does have the authority to object to Mr. Richter’s use of the name and while we at ASI understand the importance of protecting our bicycle model names, we believe that Mr. Richter did not intend for consumers to confuse his brick-and-mortar establishment or his wheel line with our Roubaix road bike. And we believe consumers are capable of distinguishing his bike shop and wheel line from our established bikes.”

According to the Canadian Intellectual Property Office, Specialized registered the Roubaix name in 2007 for use on “Bicycles, bicycle frames, and bicycle components, namely bicycle handlebars, bicycle front fork, and bicycle tires.”

But Cunnane said that registration was “inappropriate.”

“Like many trademark owners, ASI does not register its trademarks in every country and never tried to register the mark in Canada. ASI only recently learned of Specialized’s registration of the Roubaix trademark in Canada and ASI’s position is that Specialized’s registration of the mark in Canada was inappropriate under the terms of their license agreement. ASI has used the mark in Canada for well over 10 years, giving it first-use trademark rights in Canada.”
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Pesqueeb

Pesqueeb

bicycle in airplane hangar
Feb 2, 2007
42,854
20,472
Riding past the morgue.
Originally posted by Café Roubaix Bicycle Studio
I had a great conversation with Mike Sinyard today, and I am happy to let everyone know that things will be working out fine.

We thank you for your continued support. You have all been so very awesome to us!

Thank you,
Dan
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I bet. :rofl:
 
4130biker

4130biker

PM me about Tantrum Cycles!
May 24, 2007
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450
How much of a role do you guys think social media is playing in the direction this thing has turned?
 
4130biker

4130biker

PM me about Tantrum Cycles!
May 24, 2007
3,884
450
Pesqueeb said:
At least 90%. Specialized's facebook page is a lulzy horror show. Not to mention the "outrage" of thousands of keyboard riders.
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I was thinking the same, but I'm still blown away that social media could have such an impact on a company hell bent on protecting its interests, ethical or not.
I wonder what the impact would have been if this social media mess hadn't raised Fuji's attention to the matter?
 
jonKranked

jonKranked

Detective Dookie
Nov 10, 2005
89,839
28,004
media blackout
4130biker said:
I was thinking the same, but I'm still blown away that social media could have such an impact on a company hell bent on protecting its interests, ethical or not.
I wonder what the impact would have been if this social media mess hadn't raised Fuji's attention to the matter?
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part of it is that people are also probably sick and tired of this kind of sh*t from specialized
 
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S

Sorgie

Monkey
May 20, 2005
266
83
Rochester
Just out of curiosity does anyone know about the IMBA Epic rides? I mean Specialized is an elite level corporate sponsor, so maybe they are graciously letting them use their trademarked name, or do part of my membership dues go to Specialized for licensing fees? I just find it interesting since they are so hellbent on enforcing this stuff. Obviously the fallout from attacking IMBA would be worse than going after the little mom and pops, so maybe they are just looking past it.:think:

As long as we are on the subject, eff Trek too. I'm glad the winery beat them and hopefully Subaru does too.
 
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