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

[GoLefty!!]

 

Neal Rogers ‏@nealrogers17m

Update on Specialized/Roubaix story, by @stevefroth at @BicycleRetailer: ASI says Calgary shop can use Roubaix name http://www.bicycleretailer.com/north-america/2013/12/09/asi-says-calgary-bike-shop-can-use-roubaix-name#.UqanBYv9TJw.twitter…

 

 

Looks like Specialized picked a bigger fight than they thought

[Ed-Zulu]

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'm sure it was something along those lines...

 

I

[Ed-Zulu]

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

 

 

 

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

No, especially not some backyard mechanic who goes pro after his day job had to be given up. I've seen this in this here twon where I live...some lady takes a package from her company during a bad spell, she buys and rebrands a video shop and calls it 'Universal Video Rental'...she traded for 11 months before Universal Studio's via Ster Kinekor slaps her with a letter of infringement and make her change her name...

 

Due dilligence to the man in the street is not so common...

[camelman]

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.

 

Sorry, was referring to the Fuji guy. I would not like to get into the ring with Specialized for all the publicity in the world either. Would rather change my name to "Cafe Ruby" and cower in the corner.

[GoLefty!!]

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...

 

 

the issue is every other brand looks at the bigger picture and decides if there is an issue before pulling the trigger. ASI seems to have been quietly licensing the Roubaix name at minimal cost and in their intent is likely to control how far the name expands within in the cycling community. Specialised seem to want to go looking for people to hurt which tells me their legal department is either bored or incompetent - winning the legal case against Volagi but being awarded $1-00 in damages is the judge telling you that you're a knob and you wasted the courts time.

 

What is encouraging is that the majority of reasonable people out there side with the little guy while the brands whores look for every excuse to justify that their beloved brand is right. What rubs salt into the specialised wound is that they don;t even have the right to defend the "Roubaix" brand which is just laughable. Not only a bully, but a dumb one at that.

 

Oh if anyone wants to some specialised gloves, helmet, shoes, a bicyle computer you can find the items in a dumpster behind Builders Warehouse in Tokai. I gave everything to a homeless guy. the helmet may have some **** in because he sat on it shortly after I handed it over. It does look like a P**S pot though. Just ask for Jantjie

[I am not SomeBloke]

Sorry, was referring to the Fuji guy. I would not like to get into the ring with Specialized for all the publicity in the world either. Would rather change my name to "Cafe Ruby" and cower in the corner.

 

Yeah, I think he got lucky that a) he seems to know someone in the press or that some eager journalist found his story and b) he's a war vet, something Americans love (and the journalist didn't hesitate to mention) otherwise I'm sure he would have quietly rolled over too.

[Wyatt Earp]

. Specialised seem to want to go looking for people to hurt

 

 

All starting to make sense now, never looked at it this way.

They clearly have nothing better to do.

[Ed-Zulu]

Yeah, I think he got lucky that a) he seems to know someone in the press or that some eager journalist found his story and b) he's a war vet, something Americans love (and the journalist didn't hesitate to mention) otherwise I'm sure he would have quietly rolled over too.

Seems from reports in the Canadian press that he was about to/or in the process off changing his name when the story was picked up...now Fuji (ASI) has given him the go-ahead to use the name...

Edited December 10, 2013 by Ed-Zulu

[I am not SomeBloke]

Seems from reports in the Canadian press that he was about to/or in the process off changing his name when the story was picked up...now Fuji (ASI) has given him the go-ahead to use the name...

 

Ouch… ASI threw Spez under a bus there. I wonder if he sells Fuji bikes?

[Ed-Zulu]

Ouch… ASI threw Spez under a bus there. I wonder if he sells Fuji bikes?

http://blogs.calgaryherald.com/2013/12/09/cochrane-bike-shop-owner-may-have-won-his-case-against-specialized-over-use-of-word-roubaix/

[RockCoach]

http://blogs.calgary...f-word-roubaix/

 

Cunnane (CEO of ASI), however, told Bicycle Retailer and Industry News that goes against the terms of its deal with Specialized.

“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.

 

[Skubarra]

No, especially not some backyard mechanic who goes pro after his day job had to be given up.

 

That poor backyard mechanic with his little corner shop next to the ice cream shop also happens to build expensive wheelsets that he sells among other merchandise internationally on his on-line shop, runs a Team Roubaix club racing team and a social club team.

 

Sure I can buy that he conceivably could never have heard of the Spez Roubaix brand.

[Ed-Zulu]

That poor backyard mechanic with his little corner shop next to the ice cream shop also happens to build expensive wheelsets that he sells among other merchandise internationally on his on-line shop, runs a Team Roubaix club racing team and a social club team.

 

Sure I can buy that he conceivably could never have heard of the Spez Roubaix brand.

Lets say he did, for arguments sake; he did register his shops name in 2002, Spez Canada only registered their Trade Mark in 2007...he beat them to the punch by 5 years!

[Cellar]

Lets say he did, for arguments sake; he did register his shops name in 2002, Spez Canada only registered their Trade Mark in 2007...he beat them to the punch by 5 years!

 

And according to the bits posted here, Fuji trademarked the name Roubaix for bike bits as early as sometime in the 90's. And they license that name to Specialised for use in Canada.

[Skubarra]

Lets say he did, for arguments sake; he did register his shops name in 2002, Spez Canada only registered their Trade Mark in 2007...he beat them to the punch by 5 years!

 

The problem is he only opened his shop in March (6 years after the name was registered), and if he did bother to register the name of his shop as a trademark he would have seen the name was already taken..

[Ed-Zulu]

And according to the bits posted here, Fuji trademarked the name Roubaix for bike bits as early as sometime in the 90's. And they license that name to Specialised for use in Canada.

...and seeing that CRB has now been granted <I'm sure after some legal documentation signed etc> the green light to use the name, this conversation is over.