Specialized...you may want to rethink this one

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Archie_tect

De Skieven Architek... aka Penfold + Horace
Location
Northumberland
What's the problem, it's the same company it was last week, and the month before that.... it's businesses looking after themselves. There will be loads of precedents for Trade Mark protection cases... it'll blow over and some one will change something slightly and the world will keep turning tomorrow and the next day.

There are more pressing problems to capture our energy...
 

mark st1

Plastic Manc
Location
Leafy Berkshire
Specialized are complete and utter t*****s


View attachment 33953

Crop top and mini skirt how fetching. Do you wear fish nets with it as well :girl:
 
Mr Paul and Ian, I also think the same, Specialised do make some fantastic kit and if I had the money for something a bit special I would probably buy one too as would most people here, I still think that Specialized are taking this too far and should allow Dan to use the word Roubaix, its not the brand that's causing this, its the people behind it.
 

asterix

Comrade Member
Location
Limoges or York
Well if I were him I'd change the name to the Paris-Roubaix Bicycle Studio, then I'd open a branch in Quebec*. That'd give him the combined might of the French capital and the French community in Canada who I gather are very proud of their roots. Suck on that SpecialiaZed..


*in fact a quick check reveals that the inhabitants of Cochrane, where the shop is, are 50% Francophone, so I'd suggest the owner has every right to use the name of a French town, as being part of the local culture.
 

asterix

Comrade Member
Location
Limoges or York
Yes, but it was Specialized who turned it into a valuable piece of intellectual property. And that's what it is. And any company that's invested a lot of time, effort and money in creating a valuable piece of IP is going to safeguard it, just as they would safeguard any other property they own. To do anything else would be negligent. It's all too easy to play cheap PR cards like 'I was a war vet', but if you're going to be in business - and that's what the guy is - a businessman - you have to play by the rules. Would it be ok for him to steal a bit of a big company's property if he wasn't a vet?

Bollocks. Paris-Roubaix is an iconic race - the time and effort was put in by the organisers, the participants, the inhabitants of the towns and the fans, not some USA bike maker.
 
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Mr Haematocrit

msg me on kik for android
That's rubbish. There is no obligation to defend a trademark.

You best tell the legal profession of this information, and the courts :rofl:
http://tcattorney.typepad.com/ip/2008/11/trademark-monit.html
as the owner of a trademark you do have an affirmative duty to protect against the unauthorized used of that trademark by third parties. Essentially your failure to protect your trademark can result in the loss of your trademark rights.

Alternatively what about.....
http://www.wendel.com/index.cfm?fuseaction=content.contentDetail&ID=9011
What is the risk of not protecting a mark?
A trademark owner has a duty to police its marks

I would be interested to know your qualifications to practice law in the US and Canada or the source of your information.
 
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thom

____
Location
The Borough
You best tell the legal profession of this information, and the courts :rofl:
http://tcattorney.typepad.com/ip/2008/11/trademark-monit.html

I would be interested to know your qualifications to practice law in the US and Canada or the source of your information.
You can always chose how to behave in such situations. What you do decide to do does reflect something of your culture as an organisation.
Take for example ASI - did you read this article posted above ?

“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 in an email to BRAIN. “While ASI does have the authority to object to Mr. Richter’s use of the name and while we at ASI understand the importance of protecting our bicycle model names, we believe that Mr. Richter did not intend for consumers to confuse his brick-and-mortar establishment or his wheel line with our Roubaix road bike. And we believe consumers are capable of distinguishing his bike shop and wheel line from our established bikes.”

Not only do Specialized appear to be corporate bullies, they now appear to be inept corporate bullies !
 
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Mr Haematocrit

msg me on kik for android
You can always chose how to behave in such situations

Totally agree with that Thom and by no means do I think it is the correct or appropriate action being taken by Specialized, it will ultimately damage the image/reputation of a company which is held in high regard with its support, warranty and product standards, and it will hurt a small businessman. I fear the only winner from this as usual will be the legal profession.

My response however was to the statement that what I posted was rubbish and that here is no obligation to defend a trademark. This is simply not correct from my understanding so presented various sources of information to help support my understanding. I'm quite happy to be wrong, I'm quite happy to be corrected however without any evidence being provided of why my understanding is rubbish I lack the opportunity to learn.

Im trying to keep out of this thread though, as I fear that I may get lynched at some point.. (even though I have said I don't think its a good move on Specialized part.. lol)
 

Cycling Dan

Cycle Crazy
Even if they did have sole rights to the word, they could easily have negotiated a cheap 'right to use' deal with Richter and avoided all the negative flak.
I think specialized was probably making a point with the shop owner that they take invasions of their trademarks very seriously. So in future people will ask them rather than just do it and get caught out later.
Something will likely be worked out and this will never go to court or even close. It was just a full barrage to get their point across and clearly for everyone.
 

snailracer

Über Member
I think specialized was probably making a point with the shop owner that they take invasions of their trademarks very seriously. So in future people will ask them rather than just do it and get caught out later.
Something will likely be worked out and this will never go to court or even close. It was just a full barrage to get their point across and clearly for everyone.
Although it also broadcasts the point that Specialized are w@nkers.
 
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