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Originally Posted by RPK79
(Post 16315290)
Well if he uses that artwork he better get the permission of the photographers first. *cough*
Then again, I should watch what I say. I really don't want that S-guy-who-also-must-not-be-named to sic his staff of highly-trained/paid attorneys on me. |
I am already on the bandwagon. I executed my first non-purchase of a Specialized product and purchased another brand instead.
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Originally Posted by Oldairhead
(Post 16315400)
I am already on the bandwagon. I executed my first non-purchase of a Specialized product and purchased another brand instead.
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I'm not going to buy anything by Specialized ever again.
Wait…I never have. Never will. And now, I really won't. |
Originally Posted by RPK79
(Post 16315191)
I lost all respect for the guy when I read that. Veteran status has nothing to do with trademark law. Period.
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Originally Posted by peter_d
(Post 16315455)
That may be true but people react emotionally to stories like this and if this one ever hit the mainstream media people would react to the Veteran and PTSD angles and I think Specialized would back right off. P.T. Barnum was wrong...there is such a thing as bad publicity.
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[h=3]From Bike Snob New York: Motivation and Litigation: The American Way[/h]
...worth reading in this context, although inspired by the Volagi case. Thank you Wildcat Rock machine.:D |
http://velonews.competitor.com/2012/...lized-1_203443
Money quote - "In a big victory for Volagi, the judge threw out that claim, leaving Choi’s and Forsman’s ownership of the intellectual property undisputed in their disc-brake-equipped carbon road bike with suspension features. In total, eight of Specialized’s nine claims were thrown out, leaving only the breach of contract claim to be decided by the jury, and it found a breach only in the case of Choi, not Forsman." Award was $1.00. Mike Sinyard can now shop the Dollar Menu at McDonald's. |
Originally Posted by rootboy
(Post 16315449)
I'm not going to buy anything by Specialized ever again.
Wait…I never have. Never will. And now, I really won't.
Originally Posted by jeirvine
(Post 16315413)
Way ahead of of you: I've been not buying Specialized products for 47 years.
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"This just in" as Ted Baxter used to say
http://velonews.competitor.com/2013/...e-brand_310878 |
Gee, I was riding Clement Paris Roubaix tires before Mike Sinyard was selling imported components out of the back of his car. I'm guessing that this was also quite a while before Fuji used the name. Does this precedent mean nothing in the world of trademarks?
If place names can be trademarked by persons having nothing to do with those places can corporate and personal names also be trademarked in a similar manner? Can I open a Specialized Bicycles Adult Bookstore or a Lance Armstrong Noodle House and trademark the name since I am not in the same business as the other Specialized Bicycles and the other Lance Armstrong? Brent |
Originally Posted by obrentharris
(Post 16315546)
Gee, I was riding Clement Paris Roubaix tires before Mike Sinyard was selling imported components out of the back of his car. I'm guessing that this was also quite a while before Fuji used the name. Does this precedent mean nothing in the world of trademarks?
If place names can be trademarked by persons having nothing to do with those places can corporate and personal names also be trademarked in a similar manner? Can I open a Specialized Bicycles Adult Bookstore or a Lance Armstrong Noodle House and trademark the name since I am not in the same business as the other Specialized Bicycles and the other Lance Armstrong? Brent |
Originally Posted by obrentharris
(Post 16315546)
Can I open a Specialized Bicycles Adult Bookstore or a Lance Armstrong Noodle House and trademark the name since I am not in the same business as the other Specialized Bicycles and the other Lance Armstrong?
Brent |
It's like a creepy neighbor.
Legally, they're in the right - but under no circumstances do you let your kids near him. Kind of how I'm feeling about brand "s" at this moment. |
Originally Posted by lesscan
(Post 16315637)
How is that even possible? I own a Fuji Roubaix. Did Specialized sue Fuji as well?
I say this is either false, Specialized is just trying to scare him or there is more to the story than what is being told. |
Originally Posted by RPK79
(Post 16315649)
I see you didn't read the whole thread.
But once I read the article, I actually side with Spec. They have the name Trademarked. You cant just break a trademark regardless of why or who or where. Rules are rules. Change your name, or pay the penalty. And this coming from a Gulf War Vet. |
Originally Posted by busdriver1959
(Post 16315330)
I don't know trademark law but if I was king, nobody would be allowed to trademark place names
In other news - The Disney Corporation is suing Specialized for presenting itself as a "Mickey Mouse operation". |
In a related story, DiabloScott today announced that he is suing the makers of the Lamborghini Diablo, the publishers of Diablo Magazine, and everyone who lives in teh Diablo Valley for misappropriation of his name, breach of privacy, copyright infringement, copywrong infringement, intentional infiction of severe emotional distress, and for kidnapping the Lindbergh baby.
Film at 11:00. |
Originally Posted by RPK79
(Post 16315565)
No, you couldn't. Now you could open a Specialized Adult Bookstore or an Armstrong Noodle House, but you can't specifically call out another brand like that or use a celebrity's name without endorsement.
Originally Posted by DiabloScott
(Post 16315666)
In other news - The Disney Corporation is suing Specialized for presenting itself as a "Mickey Mouse operation".
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It would be nice to see the town of Roubaix (or the owners of the race?) go after Specialized. Pretty clear that S is profiting off of their good name.
Ditto for the Olympics / Olympia. |
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. ....just so everyone has notice, I have now trademarked the term "asswipe" tm. So anybody here who wants to call me one in the future owes me a dollar. And my attorney is a shark. |
Maybe Canada should review trademark law. It doesn't seem fair.
I cannot remember buying a Specialized product, but I probably have purchased some of their tubes and tires over the years. I know that I won't until they come to a reasonable settlement with this guy. |
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."
While the average American may not know about the Hell of the North and its long history, the average person willing to spend $3k+ on a race bike certainly does. And to say it's a fanciful use not meant to connote a geographical location is difficult to accept. http://i850.photobucket.com/albums/a...ps5d045ba7.jpg (Source for image above: Comments section of Specialized Facebook page.) |
Originally Posted by 3alarmer
(Post 16315833)
.
. ....just so everyone has notice, I have now trademarked the term "asswipe" tm. So anybody here who wants to call me one in the future owes me a dollar. And my attorney is a shark. |
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