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

[Wyatt Earp]

 

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

You really don't know ?

[Wayne Potgieter]

ALways three sides to a story.

 

Theirs, yours and mine.

 

And sorry to say hubbers.

 

MINE is always right.

[shade]

just started reading on this..

 

so this bike shop has been receiving letters which they have ignored several times regarding the "use of the 'Roubaix' name on certain products. Not the shop name!

that is what they legally suppose to change , now they face the full might because they have ignored those laws, especially in Canada where the Trademark Protection Law required companies to police their trademarks, or else they will loose it.

 

so now Specialized is acting.

[GoLefty!!]

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.

 

I'm not buying into that at all.

As has been shown in other posts the "Roubaix" name is widely used in the cycling industry. No other manufacturer has taken on a competitor or other industry player in the same manner because they have applied reasonable or justifiable cause. Specialised appears to just be targeting someone without doing that. Claiming that they need to protect the trademark is rubbish since it has been in widespread use long before they adopted it for a bike

[Mats]

 

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

 

Even Wikipedia knows the answer.

[NotSoBigBen]

I'm not buying into that at all.

As has been shown in other posts the "Roubaix" name is widely used in the cycling industry. No other manufacturer has taken on a competitor or other industry player in the same manner because they have applied reasonable or justifiable cause. Specialised appears to just be targeting someone without doing that. Claiming that they need to protect the trademark is rubbish since it has been in widespread use long before they adopted it for a bike

 

I don't give a rats backside either way but ....... Is this not specific to Canada?

[eddy]

I have no horse in this race, and I am not a fan of bully-boy tactics but I also dislike mob behaviour which social media campaigns often resemble.

 

I too like the Jack Daniel's approach, but the legal basis of their claim is exactly the same as the quoted one in Canada; i.e. if they allow uses by third parties, their trademark will become weakened.

 

What is not clear is what happens when the person ignores the nice request. I am sure they too get a letter from Sue & Grabbit, Attorneys at law, Lynchburg, TY. (Or more likely from some corporate lawyer in California where Jack Daniel's Properties Inc is incorporated).

 

What is also not clear is what the first approach by Spez to Roubaix Cafe looked like, and how they responded.

 

Maybe, if we had all the facts, the two cases are more alike than we would like to acknowledge............

Edited December 9, 2013 by eddy

[Wayne Potgieter]

 

 

Maybe, if we had all the facts, the two cases are more alike than we would like to acknowledge............

 

BBBBOOOOOOOOMMMMM.

 

There it is.

 

Very onesided this.

[camelman]

I have thought long and hard about this:

I am willing to dispose of all your brand new Specialized products you don't want anymore, because you feel guilty. If it is worth more than the shipping I will pay it. I am especially looking at Carbon Fiber bikes. They will take preference.

 

Come on, throw away your brand new Spez equipment and feel good about it. The equipment will definitely be disposed of in an environmentally friendly manner,so no need to worry.

[Caerus]

I really don't understand how you can register a trademark that is a name of Place - can I go register Cape Town as a TM?

Sorry, but I already claimed that one.

[kosmonooit]

You really don't know ?

 

No I don't know, should I feel ashamed to ask this question in all earnest because I do see a conflict of interest?

 

I don't follow the Spez brand at all Only every had one last century,, new rigid mtb bought in London from Evans to replace stolen 'dale, it lasted a few days before that was nicked. Then bought a 2nd hand 'dale off Loot, and a serious lock.

[GoLefty!!]

I have no horse in this race, and I am not a fan of bully-boy tactics but I also dislike mob behaviour which social media campaigns often resemble.

 

I too like the Jack Daniel's approach, but the legal basis of their claim is exactly the same as the quoted one in Canada; i.e. if they allow uses by third parties, their trademark will become weakened.

 

What is not clear is what happens when the person ignores the nice request. I am sure they too get a letter from Sue & Grabbit, Attorneys at law, Lynchburg, TY. (Or more likely from some corporate lawyer in California where Jack Daniel's Properties Inc is incorporated).

 

What is also not clear is what the first approach by Spez to Roubaix Cafe looked like, and how they responded.

 

Maybe, if we had all the facts, the two cases are more alike than we would like to acknowledge............

 

 

Fact is Jack Daniels Old No 7 is a long established trademark. People have often tried to associate themselves with it through use of the font,

Lets take one of their brands as an example i.e. Tennesse Honey.

Its a registered trade mark but does that prevent anyone else selling Tennessee Honey corn pudding? Clarly not since there are plenty of Tennessee Honey corn pudding recipes on the web and one can buy it at any supermarket in Tenessee...

 

I could understand if Specialised took exception to someone naming their shop Specialized Bike Shop with a logo that has similar SS styled esses (funny how the big S litigation behaviour is akin to the behaviour of a certain WWII Nazi Germany specialist group.....) but taking on a small single bike shop for the use of the name "Roubaix" is absurd for all the reasons given in the "ridingagainstthegrain blogspot article.

 

I hope the bike shop owner goes to court and wins.

[scuzzy]

You are all giving this story way to much credit

[NINER_boy]

Even Wikipedia knows the answer.

 

This town has been around since 863, and I couldnt find any lawsuit pending over the use of the town's name for any product or race.

http://flagspot.net/flags/fr-59-rb.html

 

So still, bad on you Spaz!!!

[Meerkat82]

I am also more than willing to accept any Specialized products that you would like to "donate" ....please pm me.

 

But on a more serious note we should be looking at what the law states and what a company must do in order to protect their tm's.

This is not up for discussion and in SA we also have rules and laws, we could copyright but it is easier to trademark.

There are specific things you have to adhere to in order to keep your tm.

You also have to let SARS know what you import thus no one else can import that specific brand / name.

This is very interesting but is almost like tax, lots you have to do and lots of loopholes for those who want to import something that already has a sole proprietor etc etc.......

['Dale]

Spez is a great brand.

Leader in the industry, no no no doubt.

 

This lil' cup in a teastorm will pass and the brand will sustain its dominance in the market.

 

Do they have a case against the lil' bike shop?

Must be otherwise they won't risk sticking their necks out.

 

I can understand why a lotta folks would get emotional about this scenario.

Because, in some way or another, we've all been screwed over by the big grey building corporate giant.

 

Let's hope that the lil' bike shop make some good bucks in a confidential handshake, change its name and move on.