Specialized threatens Cafe Roubaix in Cochrane over the name Roubaix

[lilmira]

http://blogs.calgaryherald.com/2013/...t-specialized/

http://www.bikeradar.com/news/articl...ts-name-39235/

http://www.bikebiz.com/news/read/spe...lawsuit-threat


This is interesting. Looks like this is stirring up a shit storm among the cyclists. It's just a bad PR move in my opinion. Specialized has nothing to gain here. The small shop certainly gains a lot of attention right now. We'll see how the big "S" reacts now.

[swak]

Well im a big supporter of the "smaller shops", like Specialized - yet hate their legal department...

BUT, fact of the matter here is that Specialized HAS to sue these guys for infringement on their patent - for the simple sake of maintaining this patent.
Its not about being the bad guy, but rather about securing their patent.

Sure it sucks, but thats the name of the game.

[dtrieu]

I agree with swak.

[Darell_n]

Seems like the Specialized rep lives in Cochrane as I see his lower-rider dually around town regularly. Somebody should ask his opinion and possibly why he started this.

[FraserB]

Love that the article shows its stance right the title. The fact that he is a vet has fuck all to do with copyright infringement. Hate when that BS gets pulled.

Maybe the owner can explain how his working a specific job gives him the right to break the law.

[Mibz]

From what I can see, this is a completely legitimate claim.

If I opened up a restaurant called "Cafe Big Mac" I'd get sued too, rightfully so.

[swak]

Originally posted by Darell_n
Seems like the Specialized rep lives in Cochrane as I see his lower-rider dually around town regularly. Somebody should ask his opinion and possibly why he started this.

why would the local rep have anything to do with this what-so-ever??

This is an act from the legal dept. at specialized, not the local guy.

[lilmira]

I'm not sure about the legitimacy of the claim. From my understanding, the "Roubaix" trademark is just a name associated with the bike model by the big S. It's a very well recognized bike by all means. However, the name Roubaix is also well recognized due to it's history with bike races which has very little to do with the big S. It's not like the name is completely original. It's like Peking Duck. Of course if it was a Pizza shop then there would have been no issue. If I was the one making the decision, I would review the shop and offer them a license to use the name and I would retain the right to pull the license if any infringement is discovered in the future. That way you still have total control of the trademark. May be they have already done so or may be they don't even bother, we don't know. There is doing it the right way and there is doing it the smart way. We'll see how this unfolds. It's crazy people from all over the world are ordering t-shirts from cafe roubaix. Social media is quite an animal.

The fact that the guy is a war vet is totally irrelevant but we all know what sells a story.

[Darell_n]

Originally posted by swak


why would the local rep have anything to do with this what-so-ever??

This is an act from the legal dept. at specialized, not the local guy.

Tip off, maybe. I dunno.

[bigboom]

The rep could have tipped Specialized Canada off about it, Cafe Roubaix is a pretty small shop. Gonna have to have a chat with him the next time he comes in the shop about it.

I'm going to try and be logical about my position on this which I'm quite passionate about as prior to this event I was a supporter of Specialized. And just to make it clear in case Specialized's lawyers get a hold of this post this is my opinion.

Here's the issue, the trademark that Specialized holds in Canada is for “Bicycles, bicycle frames, and bicycle components, namely bicycle handlebars, bicycle front fork, and bicycle tires.” This is where it gets tricky, Cafe Roubaix is a bike shop so depending on your interpretation of it I don't think that is an issue for Specialized. The issue comes in with Cafe Roubaix branded wheels.

But there's a lot of issues that come into play here with the bike industry as Roubaix is a town in northern France and part of a bigger icon in cycling culture. Paris-Roubaix is a cycling classic since 1896 and one of the biggest races of the year. Also if you ask most followers of cycling what they associate Roubaix with it is the race not Specialized's bike. To even suggest that Specialized can trademark a name of a town in France that is part of an icon in cycling history makes a lot of cyclists angry. I don't know of a single person that I ride with that would associate Cafe Roubaix with Specialized's Roubaix and not the race/region in France.

Now if you take a look at all cycling related gear you will see MANY manufacturers use the name Roubaix for their products as it is related to the race and images that Roubaix brings about. Not to mention that Fuji Bicycles has a model also called the Roubaix which was around before Specialized ever created their Roubaix. As I understand it the reason Fuji allowed this to occur was they wanted to be able to use Specialized's FSR patent for their mtn bikes.

So when you get into it has Specialized really enforced their Roubaix trademark with all of the other Roubaix named products? If the Fuji bike wasnt example enough of Specialized not protecting their branding how about the Veloflex Roubaix which is a tire that should be lumped into the bicycle components trademark.

The other issue is in the track record of Specialized, google Volagi, Stumptown Bicycles and Epic Wheelworks and Epic Designs. This in the end comes down to Specialized being a bully of companies that don't have the legal resources to fight Specialized where as Specialized is leaving companies that do have the resources to fight alone. So how they chose to fight Dan Richter on this is beyond me.

All this is going to do is leave Specialized dealers holding the bag on their products as most of 2014 products have been ordered and with the anger and support that has come out of this there is significant backlash to Specialized.

Does Specialized make good products? I would say yes, but there is nothing they make that you can't find a good substitute for. Specialized won't be top of my list for my stuff anymore.

[lilmira]

Here is a podcast with Dan the owner.
http://packfiller.com/

He said that he is willing to change the name of his hard goods (wheels, I assume) but Specialized wouldn't budge. Sounds like Specialized wants the word "Roubaix" gone on everything.

I doubt this will go to court though it would be really interesting to find out how a well recognized, iconic name associated with a sport be protected by a trademark. Has Specialized chosen to use a more unique/original name there would be no contest. Also, as mentioned in the podcast, you can trademark a diluted name which wouldn't be granted a trademark in a way it's being displayed, that way it's your own unique logo. It sounds fair to me.

I wonder if this happens in the automotive industry with names like Le Mans, Maranello, Suzuka.

[BrknFngrs]

Originally posted by bigboom
Here's the issue, the trademark that Specialized holds in Canada is for “Bicycles, bicycle frames, and bicycle components, namely bicycle handlebars, bicycle front fork, and bicycle tires.” This is where it gets tricky, Cafe Roubaix is a bike shop so depending on your interpretation of it I don't think that is an issue for Specialized. The issue comes in with Cafe Roubaix branded wheels.

This is exactly how I interpreted it as well. Most likely a reasonable request to have him remove the name from his wheels as their trademark specifically covers this. Anything beyond that is just corporate bullying in my opinion.

[lilmira]

Interesting turn of events.

http://bicycleretailer.com/north-ame...e#.UqapAOLZ2k6

Pretty smart move ASI sincerely or not.

[bigboom]

I like the ASI move...Specialized does not have the resources to fight ASI. A bully being bullied, awesome.

Funny thing is ASI and Cafe Roubaix make out with awesome publicity...Specialized is now portrayed for what they really are

[CLiVE]

Good turn of events.

Have been meaning to go to Cafe Roubaix, and now will make a point of it to support him.

I used to be a huge specialized fan - but quite simply after owning several specialized bikes had continual problems with them. (Especially my Epic mountain bike). Have since switched to other brands. Was already hesitant to ever switch back.

[bigboom]

Originally posted by CLiVE
Good turn of events.

Have been meaning to go to Cafe Roubaix, and now will make a point of it to support him.

I used to be a huge specialized fan - but quite simply after owning several specialized bikes had continual problems with them. (Especially my Epic mountain bike). Have since switched to other brands. Was already hesitant to ever switch back.

Had issues with their Brain?

I love how Specialized says there motto is "Innovate or Die" they have had ZERO innovation for years. All they do is copy others. I've lost all respect for this company.

[lilmira]

https://www.facebook.com/CafeRoubaix

https://www.facebook.com/specializedbicycles

It's a happy ending. Mike went to Cafe Roubaix to apologize to Dan in person and acknowledged full responsibility of the whole thing. The response was a little slow but that's cool. Don't underestimate the power of social media, this would have ended a lot differently. Coming soon to your PR class case study.

[Tik-Tok]

Originally posted by lilmira
The response was a little slow but that's cool.

Only because ASI forced it, lol.

Whole thing reminds me of when Ford was suing car shops with the name Mustang in it.

[lilmira]

Haha I don't doubt that ASI's response had something to do with it. I'm a bit surprised that he apologized in person even if it's a PR stunt.

Didn't ford has a thing with the stampeders' logo at one point?

[bigboom]

Originally posted by lilmira
Haha I don't doubt that ASI's response had something to do with it. I'm a bit surprised that he apologized in person even if it's a PR stunt.

Didn't ford has a thing with the stampeders' logo at one point?

This was the most forced apology ever. Sinyard has NEVER apologized for anything, only reason he did this was because of ASI and the fact that they never expected this kind of backlash. They thought they could run rough shod over everyone just like they did Epic Designs (Revelate Designs) and Epic Wheelworks (Sugar Wheelworks) and Mountain Cycles over their Stumptown bike.

Look at the timing. You would think first thing Monday after this story blew up they would have released a statement. They said nothing until ASI bitch slapped them. Once they got bitch slapped they had no other recourse other than man up to Dan Richter.

Fuck Specialized.