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

['Dale]

So will that MTB race next March be called the Specialized Epic? Quick Kevin lawyer up!

 

Heehee

[MuddyMike]

Don't own an specialised kit. Was looking at a bike but like I said, they're not on my list anymore. Went and had a look at a cannondale at the bike shop yesterday instead.

 

Lets wait until someone infringes on a Cannondale TM and they try to defend it. I guess there will be a cheap Cannondale in the classifieds?

[I am not SomeBloke]

It is so global that when you search it on Google you only get 1 hit under news.

 

 

Social media is slightly more influential than traditional news when it comes to the court of public opinion.

[Cellar]

Lets wait until someone infringes on a Cannondale TM and they try to defend it. I guess there will be a cheap Cannondale in the classifieds?

 

Any company that acts the way Specialised are doing in this instance will lose a lot of respect, and that often translates into lost customers as well.

I however never said I'll sell all my stuff, just that at the moment I am in the market for a new bike, and I have crossed this brand off my list. Remains to be seen how they come out of this, and maybe they will become a brand I would consider in the future. Same for anything I buy really. I'm not married to one brand of anything.

[MuddyMike]

Any company that acts the way Specialised are doing in this instance will lose a lot of respect, and that often translates into lost customers as well.

I however never said I'll sell all my stuff, just that at the moment I am in the market for a new bike, and I have crossed this brand off my list. Remains to be seen how they come out of this, and maybe they will become a brand I would consider in the future. Same for anything I buy really. I'm not married to one brand of anything.

 

This story isnt over yet. It will be very interesting to see how it all pans out. I must say, the Jack Daniels approach to a TM infringment was awesome. I dont like bulldozer tactics portrayed in the story (very short story) but I am sure we dont have all the facts yet. Maybe Spez are being a bully, maybe they approached the owner to find a solution and he gave them the middle finger, we dont know. I am sure they also looked at what the value is of the "bad PR" (is there really such a thing?) vs the value of the brand if they potentially lost it.

 

Lets watch this space.

Edited December 9, 2013 by MuddyMike

[kosmonooit]

I would like to know what agreement or relationship exists between the "Cape Epic" and the "Spez Epic"

 

Cape Epic a bit sensitive about their brand, I remember their brand stormtroopers jumping on people here for using their logo in a thread posting. Fair enough, its all about the brand for them.

 

So beeger issue here: which came first? The race or the bike?

[MuddyMike]

I would like to know what agreement or relationship exists between the "Cape Epic" and the "Spez Epic"

 

Cape Epic a bit sensitive about their brand, I remember their brand stormtroopers jumping on people here for using their logo in a thread posting. Fair enough, its all about the brand for them.

 

So beeger issue here: which came first? The race or the bike?

 

Well it all depends if Specialized have registered the TM "EPIC" in South Africa in the same category as "The Cape Epic" which I doubt, so no problem. Vica Versa also stands, if Cape Epic had tried to register the TM in the US (In the same category as Specialized), it would of been rejected by the TM office there.

[camelman]

For everyone out there on there high horses, vowing never to ride Specialized again. Just remember who you are hurting. The brand out there will recover, Mike Sinyard and his clever people will put a spin on this and make them look like the good guys in the end and the story will die down, but everyone will remember the bad stuff about the brand.

 

The people that will really suffer is the LBS around the corner, the guy you rely on at the end of the day. He needs to sell 2-3 bikes a month to make ends meet. Do not go out and punish him, he had nothing to do with the whole affair except trying to make a living. Find some other way to make Spez pay.

 

Just some food for thought.......

[Skubarra]

 

Your last point is their biggest mistake so far, waiting 'til Monday to say something.

 

True

[GoLefty!!]

For everyone out there on there high horses, vowing never to ride Specialized again. Just remember who you are hurting. The brand out there will recover, Mike Sinyard and his clever people will put a spin on this and make them look like the good guys in the end and the story will die down, but everyone will remember the bad stuff about the brand.

 

The people that will really suffer is the LBS around the corner, the guy you rely on at the end of the day. He needs to sell 2-3 bikes a month to make ends meet. Do not go out and punish him, he had nothing to do with the whole affair except trying to make a living. Find some other way to make Spez pay.

 

Just some food for thought.......

 

 

LBS has the option to stop selling the their product.

You either stand up to a tyrant or you live with it and don't complain

[I am not SomeBloke]

LBS has the option to stop selling the their product.

You either stand up to a tyrant or you live with it and don't complain

 

The thing is, it really isn't Spez's fault. The manner in which they've done it is pretty sloppy but their hands are essentially tied here, they have to take legal action or suffer the consequences some time in the future. If people are willing to boycott Spez, they'd better be willing to boycott the other big bike brands as well as Apple, Samsung, Nokia, Microsoft, etc.

[exsanguinator]

I remember a case involving a small take away in Oz who opened his doors 30+ years ago when the town was a dorpie deluxe..and called it Hungry Jacks..his name was Jack

fast foward to 200?(cant remember)..LOL..

Burger King trades as Hungry Jacks in QLD... but the rest of OZ(starting with 3 km down the road) and the world... they trade as Burger King

They opened a shop close by and all hell broke out when they tried to sue him..they won...david and goliath battle

Comparing the food...It was like comparing a maccas with a steers burger...no comparison...he won in media attention and growing his business as he couldnt keep up with the clientele increase...

[Tumbleweed]

http://ridingagainst...o-mike-sinyard/

 

Interesting take. I like the Jack Daniels bit:

http://ridingagainstthegrain.files.wordpress.com/2013/12/jd-letter-entire-big1.jpg

 

 

Brilliant! :clap: :clap: :clap:

[MuddyMike]

I remember a case involving a small take away in Oz who opened his doors 30+ years ago when the town was a dorpie deluxe..and called it Hungry Jacks..his name was Jack

fast foward to 200?(cant remember)..LOL..

Burger King trades as Hungry Jacks in QLD... but the rest of OZ(starting with 3 km down the road) and the world... they trade as Burger King

They opened a shop close by and all hell broke out when they tried to sue him..they won...david and goliath battle

Comparing the food...It was like comparing a maccas with a steers burger...no comparison...he won in media attention and growing his business as he couldnt keep up with the clientele increase...

 

Who won the case? I would assume the original Hungry Jacks? This would make sense as using a "TM" for a significant period of time does afford some protection, however not always total protection that registering a TM does.

 

I guess the moral of the story, If you want to use a TM check if its available and register it. It will save you pain in the future when the legal owner comes knocking on your door.

[jcza]

Well it all depends if Specialized have registered the TM "EPIC" in South Africa in the same category as "The Cape Epic" which I doubt, so no problem. Vica Versa also stands, if Cape Epic had tried to register the TM in the US (In the same category as Specialized), it would of been rejected by the TM office there.

 

See link for previous "Epic" case - http://bikeportland.org/2011/03/10/epic-wheel-works-will-change-name-due-to-potential-trademark-conflict-with-specialized-49504

[Skubarra]

I like this guys response to your question:

 

"But in a questionable situation, you have to know that the public is going to side with the war veteran who is the owner of a small business over a corporate giant (particularly when that corporate giant is having some very public fights over relatively petty trademark issues). Pick your battles, and avoid losses (or pyrrhic victories)."

 

http://ridingagainst...o-mike-sinyard/

 

Yes, in these social media lynch mob situations the benefit of the doubt will NEVER go to to the big corporations, people always assume the small guy is right.

 

You have to wonder who is really being bullied in this type of situation?