Specialized...you may want to rethink this one

[Aperitif]

[QUOTE 2811054, member: 259"]Pssst. Has anyone mentioned this to Moles brewery?

[/quote]
That's Fuggle to do with it, Mort

 

[Aperitif]

Have we had the Hard Rock Café yet? (Sorry, being lazy)

 

[Mr Haematocrit]

You don't need to defend these guys you know - people do make mistakes, even your heroes...

I'm not for a moment stating that I believe Specialized are acting appropriately or correctly and I am not aware of where I have attempted to defend them.
I am simply asking the questions I feel are valid and not reacting in an emotional manner of big guy vs little guy = bully of big business.

The fact is trademarks can be looked up and I'm curious to know why this was not done, it is easy to do.

Rather than asking questions and finding out facts such as what the trademark covers, or what specialized actually have issue with, its easier to make assumptions such as I endorse this action and that the trademark covers everything including clothing. (Both are wrong)

I'm done with this thread
Feel free to judge me and make assumptions about my views, why let rational debate, questions, thought or facts take part either.

 

[deptfordmarmoset]

I met up with Mice and CoG today at the Vulpine Cyclogames. As we were leaving a woman passed us carrying her entry for the ''Best Cake Ever'' competition. She let us have a little peek at it and told us it was a Paris-Roubaix cake. I suppose Speciouslies will want a slice of that too.

 

[Aperitif]

I know you,Paul, and Thom - you're both nice people...but I suppose 'carbon dating' is out of the question. Don't be silly, it's only something that can be resolved on a Sunday morning or so...you would get on like a bicycle on fire! Trust me.

 

[Mr Haematocrit]

Ohh just to add clarification to this before I get lynched with the fanboy noose.. Lol

There's an important bit of clarification to be had on this issue…

Roubaix is a registered trademark of Specialized- in Canada, where this issue is taking place. This give Specialized legal right and OBLIGATION to pursue all infringement of their trademark. Since they hold the trademark (which they were legally granted), they HAVE to sue any company who infringes upon it, whether they're a big guy, or a little guy, or whether it's threatening to them or not, otherwise forfeit their trademark and all associated costs, as well as pay a pretty hefty fine.

Does it suck? Yes. Is it ALL the fault of Specialized? No. A huge part of it is the flawed way in which IP law works- especially around Trademark.

 

[SWSteve]

I don't agree with this happening, the big company putting weight on the little man, but I can understand why. Specialized will have spent a lot of cash to protect that name, and if it covers both cycles and components then they have a large scope to protect.

I don't see why when launching your new company you wouldn't check if there was a trademark that already exists for that name. This issue could have been easily avoided

 

[thom]

I'm not for a moment stating that I believe Specialized are acting appropriately or correctly and I am not aware of where I have attempted to defend them.
I am simply asking the questions I feel are valid and not reacting in an emotional manner of big guy vs little guy = bully of big business.

The fact is trademarks can be looked up and I'm curious to know why this was not done, it is easy to do.

Rather than asking questions and finding out facts such as what the trademark covers, or what specialized actually have issue with, its easier to make assumptions such as I endorse this action and that the trademark covers everything including clothing. (Both are wrong)

I'm done with this thread
Feel free to judge me and make assumptions about my views, why let rational debate, questions, thought or facts take part either.

Since you're interested in finding out facts regarding his trademarking, the article that the OP linked to is perhaps worth a read:
"Richter, who says the running the bike shop has helped him deal with the post-traumatic stress disorder that ended his military career, says he did some research and felt comfortable that naming his store after a location like Roubaix wouldn’t contradict Canada’s intellectual property protection laws. He doesn’t think the name confuses anybody shopping for bikes. His store sells high-end bikes and his handmade wheels in an Italian-cycling inspired environment. He does not sell Specialized products."

In any case, it is not clear that there has been an infringement, just that the guy can't afford on his own to defend himself.

 

[thom]

I know you,Paul, and Thom - you're both nice people...but I suppose 'carbon dating' is out of the question. Don't be silly, it's only something that can be resolved on a Sunday morning or so...you would get on like a bicycle on fire! Trust me.

Tif, if only the legal department of Specialized would contemplate doing that !

 

[buggi]

I'm pretty sure there was once a similar legal battle of the name for Ugg boots. Deckers of the US tried to sue Australians for using the word bcoz they had copyrighted it but the Australians won bcoz Uggs were a recognised "style" of footwear (think they were named after the region they came from) and had been called that for so long that they deemed you couldn't copyright it (a bit like if you tried to brand the word pumps or something). I think specialized might get themselves in a sticky mess if they try this... After all you can't name something after a town and then try to patent it surely? I think the uggs case may have set a precedent here. Think also it had something to do with legal boundary... That US copyright only applied in US and not Australia and so the same may apply to Canada. Bring on the fight! David and Goliath part 2

 

[buggi]

ps... My Roubaix tights definitely aren't Specialized! ssshhh

 

[SWSteve]

After all you can't name something after a town and then try to patent it surely?

The TM wouldn't have been granted if they felt that was the case, Spesh will have explained why it should have been TM'd

 

[andyfraser]

In any case, it is not clear that there has been an infringement, just that the guy can't afford on his own to defend himself.

This is my problem with this whole thing. The law is supposed to serve everyone but in cases like these (civil IP cases) it's often too expensive for the little guy to defend themselves even in cases where they're 100% in the right.

I'm not saying whether Mr Richter is 100% in the right or not but I do think that place names shouldn't be trademarked on their own. I understand Specialized have to defend their trademark but it's not fair that the law doesn't automatically allow Mr Richter to defend himself at a reasonable cost.

 

[ufkacbln]

Ohh just to add clarification to this before I get lynched with the fanboy noose.. Lol

There's an important bit of clarification to be had on this issue…

Roubaix is a registered trademark of Specialized- in Canada, where this issue is taking place. This give Specialized legal right and OBLIGATION to pursue all infringement of their trademark. Since they hold the trademark (which they were legally granted), they HAVE to sue any company who infringes upon it, whether they're a big guy, or a little guy, or whether it's threatening to them or not, otherwise forfeit their trademark and all associated costs, as well as pay a pretty hefty fine.

Does it suck? Yes. Is it ALL the fault of Specialized? No. A huge part of it is the flawed way in which IP law works- especially around Trademark.

So I presume they will also be suing Nike and all the other companies who sell Roubaix tights in Canada?

 

[Dragonwight]

Surely you cant trademark a word already in general use? A quick google of the word produced a number of places & organisations using the word in their names etc. Pity because I ride their bikes although I havent bought anything lately, dont think I will now either cant stand corporate money grabbers.