A Good Reason to Boycott Specialized
12-09-13, 05:55 PM
#76
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Knowledge is power, and since discovering the business tactics of Specialized, even way back in the beginning of the company, I've stopped endorsing, promoting, patronizing the brand. It doesn't mean their products suck, just their business ethics. Vote with your wallet. This incident is but one of many.
Morally, the shop owner has done nothing wrong. Legally, he's got a fight on his hands.
On a lighter note, reminds me of Kennedy Fried Chicken...JFKFC.
Morally, the shop owner has done nothing wrong. Legally, he's got a fight on his hands.
On a lighter note, reminds me of Kennedy Fried Chicken...JFKFC.
Last edited by WNG; 12-09-13 at 06:00 PM.
12-09-13, 06:00 PM
#77
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12-09-13, 06:05 PM
#79
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The trademark application states: "First, there is insufficient evidence to show that the public would make a goods/place association between Roubaix, France, and bicycles. Second, it is unlikely that a significant number of the American population would know that Roubaix, France, is the location of a well-known annual bike race. Thirdly, applicant's use of the mark is used in an arbitrary and fanciful manner and is not meant to connote geographical location."
12-09-13, 06:12 PM
#80
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Naming his shop after a long institutionalized race in a city of France which its name is derived, no.
Legality and laws are sometimes like history....written and interpreted by the victors.
The image of the Eiffel Tower had been licensed and trademarked to a private company in recent years, and the company demanded no photographs be used or taken without written permission. They attempted to stop people within sight of the landmark from taking photos of it.
Legally, everyone was and is breaking the law too.
Legality and laws are sometimes like history....written and interpreted by the victors.
The image of the Eiffel Tower had been licensed and trademarked to a private company in recent years, and the company demanded no photographs be used or taken without written permission. They attempted to stop people within sight of the landmark from taking photos of it.
Legally, everyone was and is breaking the law too.
12-09-13, 06:13 PM
#81
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12-09-13, 06:15 PM
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I don't know who is going to be more upset the banjo pickers or the dung beetles.
Brent
12-09-13, 06:21 PM
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But I also have no issue with Spec seeking legal action against him to protect their trademark.
Once he realized the name was trademarked, he had 2 options, as I said earlier, Change your name, or pay the penalty.
Laws are laws.
If his store were Roubaix Cafe Coffee shop, there would be no issue. As a Bike shop, there is an issue.
12-09-13, 06:21 PM
#84
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Yup!, long gone are the days when multiple bicycle makers can have a model " Tour de France" in their lineup. I bet even the word "Mud" is legally owned by some corporate entity somewhere......
12-09-13, 06:31 PM
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I don't see why he has to change his shop name. Wheel name, maybe. Wheels are within their trademark application as bike parts even though I don't think it's right.
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12-09-13, 06:37 PM
#86
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Can I open a Race shop and call it The Dale Jr Cafe?
There was a dog groomer here in Chicago that called there shop "Starbarks" and had a logo somewhat similar to Starbucks.
They got sued. Why? Do dogs threaten the success of Starbucks? No but they broke the law. Plain and simple.
Last edited by lesscan; 12-09-13 at 06:40 PM.
12-09-13, 06:51 PM
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I don't see why he has to change his shop name. Wheel name, maybe. Wheels are within their trademark application as bike parts even though I don't think it's right.
According to an update in the Calgary Herald, that's exactly what he offered. https://blogs.calgaryherald.com/2013/...t-specialized/ "He says an earlier offer to give up the Roubaix name on his brand of handmade wheels while maintaining it on his shop was rejected. He is allowing himself a little hope that the strong reaction to his story will prompt Specialized to reconsider."
According to an update in the Calgary Herald, that's exactly what he offered. https://blogs.calgaryherald.com/2013/...t-specialized/ "He says an earlier offer to give up the Roubaix name on his brand of handmade wheels while maintaining it on his shop was rejected. He is allowing himself a little hope that the strong reaction to his story will prompt Specialized to reconsider."
Last edited by tigat; 12-09-13 at 06:53 PM. Reason: clarify response
12-09-13, 06:52 PM
#88
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So then, can I go out and open a Basketball shop and call it The Michael Jordan Cafe even though my shoes are not called Jordans and I dont use his logo?
Can I open a Race shop and call it The Dale Jr Cafe?
There was a dog groomer here in Chicago that called there shop "Starbarks" and had a logo somewhat similar to Starbucks.
They got sued. Why? Do dogs threaten the success of Starbucks? No but they broke the law. Plain and simple.
Can I open a Race shop and call it The Dale Jr Cafe?
There was a dog groomer here in Chicago that called there shop "Starbarks" and had a logo somewhat similar to Starbucks.
They got sued. Why? Do dogs threaten the success of Starbucks? No but they broke the law. Plain and simple.
No. That's where the difference comes in. I say "Roubaix" and I think of cobblestones, mud, and a velodrome. I do not think of a "Generalized" bicycle related company.
And while its legal, it's also worth noting that many immoral things have been the law - this week's headlines from Capetown ought to be enough to remind us of that.
12-09-13, 06:56 PM
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But both have been trademarked.
Now maybe blame the CAN Gov for allowing the Roubaix trademark, but that doesnt make the trademark any less legal or any less enforceable.
Starbucks is the name of CPT Ahab's First shipmate in Moby Dick. How was that able to be trademarked?
I have no clue, but it was!
And the dog shop didnt really even infringe on that or their logo. Yet they were sued.
AND just because someone is sued, doesnt mean they will lose.
The court/jury/whatever could rule in favor of the shop owner.
Now maybe blame the CAN Gov for allowing the Roubaix trademark, but that doesnt make the trademark any less legal or any less enforceable.
Starbucks is the name of CPT Ahab's First shipmate in Moby Dick. How was that able to be trademarked?
I have no clue, but it was!
And the dog shop didnt really even infringe on that or their logo. Yet they were sued.
AND just because someone is sued, doesnt mean they will lose.
The court/jury/whatever could rule in favor of the shop owner.
Last edited by lesscan; 12-09-13 at 06:59 PM.
12-09-13, 06:58 PM
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I'm happy to see our little thread has attracted the attention of previously little heard from members.
Nothing like a hot potato to boost the ratings.
Fwiw I have a 1983 Stumpjumper. Kind of a neat bike.
I was considering a Specialized AWOL for my wife, but I think I'll just slide that baby to the bottom of the list.
The bike, not my wife.
Nothing like a hot potato to boost the ratings.
Fwiw I have a 1983 Stumpjumper. Kind of a neat bike.
I was considering a Specialized AWOL for my wife, but I think I'll just slide that baby to the bottom of the list.
The bike, not my wife.
12-09-13, 06:58 PM
#91
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"Laws are laws"
And in time, you'll learn such absolutes are foolish. Plenty of laws have been proven frivolous, unlawful, and unconstitutional. It was once unlawful to be Chinese in the United States.
This case, Specialized may have had grounds if "Specialized Bicycle" was infringed upon. But Roubaix should not have been trademarked. Laws are challenged to prove they were based on mistakes or baseless to begin with.
Your examples are of celebrity names or a logo design that was infringed on.
And in time, you'll learn such absolutes are foolish. Plenty of laws have been proven frivolous, unlawful, and unconstitutional. It was once unlawful to be Chinese in the United States.
This case, Specialized may have had grounds if "Specialized Bicycle" was infringed upon. But Roubaix should not have been trademarked. Laws are challenged to prove they were based on mistakes or baseless to begin with.
Your examples are of celebrity names or a logo design that was infringed on.
12-09-13, 07:03 PM
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Am I now no longer allowed to use my own name for profit because some guy who played basketball is more famous than me?
NO! Its because he trademarked that name before I did. And If I want to use it, I either have to wait for that trademark to expire, or I have to pay His Airness to use it.
Which is what Spec did with Fuji. They paid Fuji to license the Roubaix name for profit.
12-09-13, 07:05 PM
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That's a relevant point. The ability to enforce is related to the comparative size of the two companies involved. Fighting it in court to see if there is merit to the claim - and that's where the ultimate arbitration would have to be - costs money. Thanks to us, Specialized has that kind of money. The Canadian does not.
12-09-13, 07:09 PM
#94
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Should Spec leave him alone? Maybe. Maybe they could cut a deal to sell their bikes in his shop.
Either way, he violated a trademark. Thats like violating a copyright or a patent.
Even if, morally, the trademark should never have been granted in the first place.
12-09-13, 07:09 PM
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Can someone start a bike company, borrow an "S" front the band KISS, smack it on a bike, and then prevent an energy drink company from using a similar "S"? Apparently, yes.
12-09-13, 07:11 PM
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https://en.wikipedia.org/wiki/Microsoft_vs._MikeRoweSoft
12-09-13, 07:48 PM
#97
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What if the shop name was North Face? It would seem like an infringement. But Roubaix has almost a sacred connotation to many of us. Seems petty by Specialized.
Last edited by JJScaliger; 12-09-13 at 08:14 PM. Reason: sp
12-09-13, 08:02 PM
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Doesn't say anything about building wheels for people or using roubaix as part of the name of a shop:
APPLICATION NUMBER:
1331172
REGISTRATION NUMBER:
TMA702027
STATUS:
REGISTERED
FILED:
2007-01-12
FORMALIZED:
2007-01-16
ADVERTISED:
2007-08-08
REGISTERED:
2007-11-29
REGISTRANT:
Specialized Bicycle Components, Inc.
15130 Concord Circle
Morgan Hill, California, 95037
UNITED STATES OF AMERICA
REPRESENTATIVE FOR SERVICE:
SMART & BIGGAR
SUITE 900, 55 METCALFE STREET
P.O. BOX 2999, STATION D
OTTAWA
ONTARIO K1P 5Y6
TRADE-MARK (Word):
ROUBAIX
INDEX HEADINGS:
ROUBAIX
WARES:
(1) Bicycles, bicycle frames, and bicycle components, namely bicycle handlebars, bicycle front fork, and bicycle tires.
CLAIMS:
Used in CANADA since at least as early as April 06, 2003.
APPLICATION NUMBER:
1331172
REGISTRATION NUMBER:
TMA702027
STATUS:
REGISTERED
FILED:
2007-01-12
FORMALIZED:
2007-01-16
ADVERTISED:
2007-08-08
REGISTERED:
2007-11-29
REGISTRANT:
Specialized Bicycle Components, Inc.
15130 Concord Circle
Morgan Hill, California, 95037
UNITED STATES OF AMERICA
REPRESENTATIVE FOR SERVICE:
SMART & BIGGAR
SUITE 900, 55 METCALFE STREET
P.O. BOX 2999, STATION D
OTTAWA
ONTARIO K1P 5Y6
TRADE-MARK (Word):
ROUBAIX
INDEX HEADINGS:
ROUBAIX
WARES:
(1) Bicycles, bicycle frames, and bicycle components, namely bicycle handlebars, bicycle front fork, and bicycle tires.
CLAIMS:
Used in CANADA since at least as early as April 06, 2003.
12-09-13, 08:07 PM
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12-09-13, 08:22 PM
#100
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What I don't get is what Specialized thought they'd get out of this. If they sue, it has bad publicity written all over it. If this gent went ahead with the lawsuit, in all probability he'd win. It's a lose/lose proposition for Specialized.
I mean, really: did they truly think anyone was going to confuse Cafe Roubaix with their products?
Also, is it just me or is "Cafe Roubaix" different than "Roubaix"? I think the answer is obvious.
I wonder if Specialized trademarked "Allez", too. I guess I wouldn't be surprised if they did
This whole thing sux and is a waste of time, effort and money. Specialized needs to spend the money on R&D rather than the courtroom.
DD
I mean, really: did they truly think anyone was going to confuse Cafe Roubaix with their products?
Also, is it just me or is "Cafe Roubaix" different than "Roubaix"? I think the answer is obvious.
I wonder if Specialized trademarked "Allez", too. I guess I wouldn't be surprised if they did
This whole thing sux and is a waste of time, effort and money. Specialized needs to spend the money on R&D rather than the courtroom.
DD
