The Empire Strikes Back: Specialized Sues A Bike Shop Over Name

[Capricorn]

I did exactly that ,that's why I bought the Venge.

 

gorgeous bike. congrats!

[eddy]

 

 

KV is so anal about the brand that you are not even allowed to use it to brand your own Epic kit with their logo.

 

 

And that is the benefit of intelectual property protection. It stimulates innovation.

 

If KV could not register his trademark and protect himself against other people jumping on the brand's bandwagon, he would not have been as keen as he was to build it up into a global brand. Infact, without iP protection, it would not have survived at all.

 

Why, for instance, would Absa pay KV good money for the right to attach their name to the event if they could simply have called it the Absa Cape Epic without KV being able to protect his interests?

 

Ditto for all the other cool things we like because entrepeneurs have invested their time and money to create them.

[camelman]

I think this "ou" is just fishing for some publicity. Here is a link to the Canadian intellectual property office:

 

http://www.cipo.ic.gc.ca/app/opic-cipo/trdmrks/srch/vwTrdmrk.do?lang=eng&status=OK&fileNumber=1331172&extension=0&startingDocumentIndexOnPage=1

 

Make of it what you want, but I don't see anything from ASI on that page. Don't think the show is over. The gloves are only coming out now....

[Johnstoneighty6]

Trademark is registered as such in Canada, not in Europe and the US - or anywhere else, for that matter. It would be laughed out of the application process.

 

Fuji is obviously not produced in Canada - it would be interesting to see if the bike is sold there...

 

Perhaps Specialized do not want a fight with someone (the company that owns the Fuji brand, and Kestrel and Oval concepts or L'Equipe/ASO who own the Roubaix race...) who can actually fight back.

 

Very cynical ploy by Specialized in this respect.

 

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

[Wyatt Earp]

I think this "ou" is just fishing for some publicity.

 

Yeah, I think if we actually put all emotions aside and look through all the smoke and mirrors, it's quite blatant.

[V12man]

KV is so anal about the brand that you are not even allowed to use it to brand your own Epic kit with their logo.

 

 

You are allowed to use it - as long as the kit comes from their official clothing supplier - otherwise not - so this year it was Craft, next year it is Assos.

[scuzzy]

No.

 

Read the story. ASI who own Fuji, and the Roubaix TM, let Specialised use the Roubaix name under a license agreement. It seems like Specialised overstepped the boundaries of that license agreement in going after this bike shop.

 

And there's no double standard, as ASI didn't use the bully tactics that Specialised did.

 

When you buying your Fuji in support of their good PR?

[Headshot]

The way I see this little shop has gained a huge amount already. Who knew of it until Specialized took this action? I do see Specialized's point though, if they do not take action they would lose there intellectual property and anyone (including other manufacturers) could use it. Although, a simple solution might be to help this shop setting up a new name.

 

This is intimidation for the sake of it IMO. As another poster said, their TM is restricted to certain products. They do not have a TM on the name Roubaix when used outside those categories. If a TM is confusingly similar to a registered mark being used for products in the same category, then yes, but in this case it looks like a big stretch to argue a bike shop name with "cafe" in front of it is somehow infringes their product TM's. I think they'd be laughed out of court in SA.

[the nerd]

Also i think people are forgetting, Spez doesnt own the Copyright, they license it from Fuji.

So its not theirs to do with what they want...

[Ed-Zulu]

Yeah, I think if we actually put all emotions aside and look through all the smoke and mirrors, it's quite blatant.

I don't think, reading all the articles listed here over the past few days, that there was anything blatant about the shop owner's actions or that of Spez.

 

He named his shop after a well known race in France, deep in sleepy hollow, Canada back when he opened his doors well before they registerd their TM. He had no intention to rip Spez off, but Spez has every right to defend their ground, so to speak. Plain and simple.

 

I also think that, was it any other brand, the same reaction could've been expected, just happened that it was Spez...

[GoLefty!!]

KV is so anal about the brand that you are not even allowed to use it to brand your own Epic kit with their logo.

 

It the SA context you may point to the Epic Bike Shop in Plumstead and ask about this issue. They have been operating under that name for much longer than the existence of the Cape Epic and have a very strong case should they ever get a nasty letter to this effect.

 

BC bike race gave us permission to brand our kit for this years race with the only provision that we send them a pic of us wearing the kit on a local trail.

 

I prefer the Canadian approach.

 

 

They already received a nasty letter to that effect and told that race organiser to fob off.

[Skubarra]

Also i think people are forgetting, Spez doesnt own the Copyright, they license it from Fuji.

So its not theirs to do with what they want...

 

Not that simple, in Canada the trademark is owned by Spez not Fuji

 

Seems Fuji doesn't like that but that doesn't mean Spez can do what they want with the name in Canada

[GLuvsMtb]

 

 

They already received a nasty letter to that effect and told that race organiser to fob off.

With a bit of PR savvy they should have cooked up a social media storm around it. "Small moms and pops bike shop takes on corporate greed". Everyone would know about them and the demand for vintage wool jerseys with the shop logo on would soar...

[Skubarra]

I don't think, reading all the articles listed here over the past few days, that there was anything blatant about the shop owner's actions or that of Spez.

 

 

So you wouldn't expect a bike shop owner to know that its also a well know brand of Spez road bikes?

 

but in this case it looks like a big stretch to argue a bike shop name with "cafe" in front of it is somehow infringes their product TM's. I think they'd be laughed out of court in SA.

 

Remember its not only the name of the shop, its also products like the wheelsets he makes.

[Wyatt Earp]

I don't think, reading all the articles listed here over the past few days, that there was anything blatant about the shop owner's actions or that of Spez.

 

He named his shop after a well known race in France, deep in sleepy hollow, Canada back when he opened his doors well before they registerd their TM. He had no intention to rip Spez off, but Spez has every right to defend their ground, so to speak. Plain and simple.

 

I also think that, was it any other brand, the same reaction could've been expected, just happened that it was Spez...

 

I will still maintain that it started with his logo and choice of colours (my opinion of course) and that was most likely when the discussions started.

The next step, after possibly a few fruitless answers back via correspondence they decided to then go the ™ route.

Just my guess.

[I am not SomeBloke]

I think this "ou" is just fishing for some publicity.

 

I don't think anybody goes out looking to be sued, it's a costly process, and the first salvo in this battle was fired by Specialized. I also don't see any similarity between his brand and the Specialized branding so it can't be an issue with his visual identity, which leaves just the Roubaix name and, given that it's a place name associated with cycling and that all branded items include the word Café (preventing confusion between the two brands), I think he has a pretty decent defence. The more I read about the case, the more I think that Spez fumbled this one.