EAL

Your right Steven. It's not a patent issue. Patents are strictly federal in nature and a patent grants you the exclusive right to prevent someone from making, using, selling, offering to sell or importing a product that infringes the claims of your patent.

Trademark law is a product of federal law, state law and common law that, for the most part, prevents confusion as to origin or quality of goods.

An interesting test. Without revealing the nature of the dispute, ask your non Pac NW friends who makes the Stumptown bicycle. Let me know the results.

Ed

Steven B wrote:
It's not stumpJUMPER vs stumpLEAPER which are similar,
it's stumTOWN which is where they're manufactured not
what they do. It's not a patent issue even, it's
Specialized worrying about something trivial and
creating bad PR for themselves no matter what the
outcome rather than using their energy and resources
to encourage people to use their products.

--- EAL wrote:

> Actually, my initial reaction was firmly in the camp
> of MC, and I had even started to draft an indignant
> letter to Specialized. Then I stopped to consider a
> few things. First, This isn't the use of Stumptown
> for coffee or online services or even a bicycle
> shop. They are using it on a bicycle. Then I put
> myself in the position of the average consumer, not
> the consumer who is lucky enough to live on
> Portland and understands the local meaning of
> Stumptown. When I do that, and when I consider how
> valueable a mark is and what must be done to protect
> it, and I consider the fact that Specialized could
> have come on much more agressively than it has, I
> begin to see Specialized's point of view and I can't
> cast them in this in the simple light of evil versus
> good.
>
> Do I support and want to see MC be a wildly
> successful company? Most certainly. Do I think
> they are being unfairly treated? No. I think this
> is a case where reasonable minds can differ and I
> think it's a case where both parties should be
> willing to arrive at a resolution that works for
> both.
>
> Ed Lanton
>
> Brooke Hoyer
wrote:
> >From: EAL
> >To: obra@list.obra.org
> >Subject: Re: [OBRA Chat] Stumpjumper vs. Stumptown
> >Date: Thu, 9 Feb 2006 17:17:19 -0800 (PST)
> >
> >The fact is that trademark infringement usually
> occurs in the context
> >trying to create the impression that the
> infringer's product as the same
> >qualities as the trademarked product.
>
> Bingo, Ed. And in this case, do you think there is
> any liklyhood that
> Mountain Cycles was trying to create the impression
> that the Stumptown
> cyclocross bicycle had the same qaulities as the
> Specialized Stumpjumper?
>
> Answer: NO
>
> Brooke Hoyer
>
>

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Steven B

It's not stumpJUMPER vs stumpLEAPER which are similar,
it's stumTOWN which is where they're manufactured not
what they do. It's not a patent issue even, it's
Specialized worrying about something trivial and
creating bad PR for themselves no matter what the
outcome rather than using their energy and resources
to encourage people to use their products.

--- EAL wrote:

> Actually, my initial reaction was firmly in the camp
> of MC, and I had even started to draft an indignant
> letter to Specialized. Then I stopped to consider a
> few things. First, This isn't the use of Stumptown
> for coffee or online services or even a bicycle
> shop. They are using it on a bicycle. Then I put
> myself in the position of the average consumer, not
> the consumer who is lucky enough to live on
> Portland and understands the local meaning of
> Stumptown. When I do that, and when I consider how
> valueable a mark is and what must be done to protect
> it, and I consider the fact that Specialized could
> have come on much more agressively than it has, I
> begin to see Specialized's point of view and I can't
> cast them in this in the simple light of evil versus
> good.
>
> Do I support and want to see MC be a wildly
> successful company? Most certainly. Do I think
> they are being unfairly treated? No. I think this
> is a case where reasonable minds can differ and I
> think it's a case where both parties should be
> willing to arrive at a resolution that works for
> both.
>
> Ed Lanton
>
> Brooke Hoyer wrote:
> >From: EAL
> >To: obra@list.obra.org
> >Subject: Re: [OBRA Chat] Stumpjumper vs. Stumptown
> >Date: Thu, 9 Feb 2006 17:17:19 -0800 (PST)
> >
> >The fact is that trademark infringement usually
> occurs in the context
> >trying to create the impression that the
> infringer's product as the same
> >qualities as the trademarked product.
>
> Bingo, Ed. And in this case, do you think there is
> any liklyhood that
> Mountain Cycles was trying to create the impression
> that the Stumptown
> cyclocross bicycle had the same qaulities as the
> Specialized Stumpjumper?
>
> Answer: NO
>
> Brooke Hoyer
>
>

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EAL

Actually, my initial reaction was firmly in the camp of MC, and I had even started to draft an indignant letter to Specialized. Then I stopped to consider a few things. First, This isn't the use of Stumptown for coffee or online services or even a bicycle shop. They are using it on a bicycle. Then I put myself in the position of the average consumer, not the consumer who is lucky enough to live on Portland and understands the local meaning of Stumptown. When I do that, and when I consider how valueable a mark is and what must be done to protect it, and I consider the fact that Specialized could have come on much more agressively than it has, I begin to see Specialized's point of view and I can't cast them in this in the simple light of evil versus good.

Do I support and want to see MC be a wildly successful company? Most certainly. Do I think they are being unfairly treated? No. I think this is a case where reasonable minds can differ and I think it's a case where both parties should be willing to arrive at a resolution that works for both.

Ed Lanton

Brooke Hoyer wrote:
>From: EAL
>To: obra@list.obra.org
>Subject: Re: [OBRA Chat] Stumpjumper vs. Stumptown
>Date: Thu, 9 Feb 2006 17:17:19 -0800 (PST)
>
>The fact is that trademark infringement usually occurs in the context
>trying to create the impression that the infringer's product as the same
>qualities as the trademarked product.

Bingo, Ed. And in this case, do you think there is any liklyhood that
Mountain Cycles was trying to create the impression that the Stumptown
cyclocross bicycle had the same qaulities as the Specialized Stumpjumper?

Answer: NO

Brooke Hoyer

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EAL

Brooke. No, I was a little loose in my language. The issue isn't intent of MC, it's the effect of the usage on the purchaser. Does the usage cause confusion regarding origon or quality? It can be quite accidential and, indeed, usually is accidential.

Brooke Hoyer wrote: >From: EAL
>To: obra@list.obra.org
>Subject: Re: [OBRA Chat] Stumpjumper vs. Stumptown
>Date: Thu, 9 Feb 2006 17:17:19 -0800 (PST)
>
>The fact is that trademark infringement usually occurs in the context
>trying to create the impression that the infringer's product as the same
>qualities as the trademarked product.

Bingo, Ed. And in this case, do you think there is any liklyhood that
Mountain Cycles was trying to create the impression that the Stumptown
cyclocross bicycle had the same qaulities as the Specialized Stumpjumper?

Answer: NO

Brooke Hoyer

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Brooke Hoyer

>From: EAL
>To: obra@list.obra.org
>Subject: Re: [OBRA Chat] Stumpjumper vs. Stumptown
>Date: Thu, 9 Feb 2006 17:17:19 -0800 (PST)
>
>The fact is that trademark infringement usually occurs in the context
>trying to create the impression that the infringer's product as the same
>qualities as the trademarked product.

Bingo, Ed. And in this case, do you think there is any liklyhood that
Mountain Cycles was trying to create the impression that the Stumptown
cyclocross bicycle had the same qaulities as the Specialized Stumpjumper?

Answer: NO

Brooke Hoyer

_________________________________________________________________
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Kurt Ward

It wasn't very long ago that Tillamook Dairy went after Tillamook
Smoker in a "You can't use the Tillamook name!" sort of manner. They
both make food products and it's as plain as day that there is a
difference in what they make. I was very glad to see they lost that
battle.
Specialized be damned!

On Feb 9, 2006, at 5:17 PM, EAL wrote:

> James. If you think that the value of a trademark lies in royalty
> revenues you are sadly misinformed. While there are, indeed, some
> companies that regularly value license thier trademarks, most
> trademarks serve the function of identifying a particular product
> with a particular source. For example, do you think the value of
> the trademark "I-Pod" lies in its royalty potential? Do you think
> that Apple enforces that trademark in order to extract royalties?
> The fact is that trademark infringement usually occurs in the
> context trying to create the impression that the infringer's
> product as the same qualities as the trademarked product.
>
> Ed Lanton
>
> James Marron wrote:
> I am also an attorney here in Portland and spent some time in a
> very simil ar
> case with strikingly similar facts. The reason for aggressive
> manuevering
> is simple: money. A "name monopoly" is a priceless commodity
> because you
> can then force anyone who wants to use the name to pay you a
> royalty - if
> you feel like sharing. Although there are cases in which someone is
> blatantly trying to make a buck by ripping off someone else's name
> - this
> aint it. I like specializeds bikes but think this sort of posturing
> reflects a desire to increase value by crushing all comers who may
> not be
> able to fight back. Kind of disappointing.
>
> P.S. - In my case we kicked the evil empire's @#$ and I wish
> Mountain Cycle
> the same success.
>
> James Marron, Esq.
>
> >From: "Brooke Hoyer"
> >To: markjginsberg@yahoo.com, obra@list.obra.org
> >Subject: Re: [OBRA Chat] Stumpjumper vs. Stumptown
> >Date: Thu, 09 Feb 2006 12:59:57 -0800
> >
> >Mark,
> >
> >First, I understand you don't work in trademark/patent/copyright.
> >
> >I was under the impression that Specialized has more tools at their
> >disposal to fight brand dilution that the in-your-face cease and
> desist. I
> >thought that Specialized could "grant" MC the right to use the name
> >Stumptown with some official documentation and legal mumbo-jumbo
> and no
> >cash involved. This paper trail would then be as good as a cease
> and desist
> >for any dilution fights Specialized might wage down the road.
> >
> >Is taking the hard line right off the bat standard posturing?
> >
> >I certainly understand that Specialized would want to protect the
> >Stumpjumper brand name. This instance just seems so far removed
> from brand
> >name infringement as to appear a bit silly to a lay person.
> >
> >
> >>From: "Mark J. Ginsberg"
> >>Reply-To: markjginsberg@yahoo.com
> >>To: obra@list.obra.org
> >>Subject: Re: [OBRA Chat] Stumpjumper vs. Stumptown
> >>Date: Thu, 9 Feb 2006 11:12:44 -0800 (PST)
> >>
> >>A better solution might be to change our patent/copyright laws so
> that
> >>"dilution" doesn't occur.
> >>
> >> haven't you seen the ads in the New York Times where Xerox ask
> you to
> >>call a photocopy a photocopy and not a Xerox?
> >>
> >> when a name becomes diluted or used for the generic the "owner" can
> >>lose the exclusive rights to it.
> >>
> >> I am not saying this is good or bad, but it is.
> >>
> >> have you ever taken a moving star rather than an escalator?
> >> how about using a cotton swab instead of a Q-tip?
> >> Band-aid on your boo-boo? Same deal.
> >>
> >> there is a lot of litigation in this realm, some appropriate, some
> >>overly agressive.
> >> Understanding motivation is usualy a good place to start before
> taking
> >>actions.
> >>
> >> Mark Ginsberg
> >>
> >>MAILER-DAEMON@list.obra.org wrote:I just read in the business
> page of the
> >>Oregonian that Specialized is pressuring Mountain Cycle to dump the
> >>"Stumptown" name from its 'cross bike. Specialized claims that
> >>"Stumptown" is too close to its "Stumpjumper" label. GIVE ME A
> BREAK!!!!!
> >>I have a '97 Stumpjumper M2 pro sitting in my garage. I can't see
> myself
> >>confusing it with a Stumptown 'cross bike. If Specialized wins
> this one,
> >>what will be next? Will "Stumptown" have to be removed from the
> Stumptown
> >>Classic cyclocross race?
> >>
> >>Everyone should boycott Specialized (and tell them to go pound sand)
> >>_______________________________________________
> >>OBRA mailing list
> >>obra@list.obra.org
> >>http://list.obra.org/mailman/listinfo/obra
> >>Unsubscribe: obra-unsubscribe@list.obra.org
> >>
> >>
> >>
> >>Mark J. Ginsberg
> >>Attorney At Law
> >>621 SW Morrison St., Ste. 900
> >>Portland, OR 97204
> >>(503) 542-3000
> >>Fax (503) 227-2530
> >>markjginsberg@yahoo.com
> >>www.bikesafetylaw.com
> >>
> >>---------------------------------
> >> Yahoo! Mail - Helps protect you from nasty viruses.
> >
> >
> >>_______________________________________________
> >>OBRA mailing list
> >>obra@list.obra.org
> >>http://list.obra.org/mailman/listinfo/obra
> >>Unsubscribe: obra-unsubscribe@list.obra.org
> >
> >_________________________________________________________________
> >Is your PC infected? Get a FREE online computer virus scan from
> McAfee®
> >Security. http://clinic.mcafee.com/clinic/ibuy/campaign.asp?cid=3963
> >
>
>
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> >obra@list.obra.org
> >http://list.obra.org/mailman/listinfo/obra
> >Unsubscribe: obra-unsubscribe@list.obra.org
>
>
> _______________________________________________
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> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
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> Unsubscribe: obra-unsubscribe@list.obra.org

Thomas Hoffman

Maybe Specialized would settle this for something simple like...

Home Made Cherry Pie! Baked by Native American Kerin Racers of course!

_____

From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org] On
Behalf Of EAL
Sent: Thursday, February 09, 2006 5:17 PM
To: obra@list.obra.org
Subject: Re: [OBRA Chat] Stumpjumper vs. Stumptown

James. If you think that the value of a trademark lies in royalty revenues
you are sadly misinformed. While there are, indeed, some companies that
regularly value license thier trademarks, most trademarks serve the function
of identifying a particular product with a particular source. For example,
do you think the value of the trademark "I-Pod" lies in its royalty
potential? Do you think that Apple enforces that trademark in order to
extract royalties? The fact is that trademark infringement usually occurs
in the context trying to create the impression that the infringer's product
as the same qualities as the trademarked product.

Ed Lanton

James Marron wrote:

I am also an attorney here in Portland and spent some time in a very simil
ar
case with strikingly similar facts. The reason for aggressive manuevering
is simple: money. A "name monopoly" is a priceless commodity because you
can then force anyone who wants to use the name to pay you a royalty - if
you feel like sharing. Although there are cases in which someone is
blatantly trying to make a buck by ripping off someone else's name - this
aint it. I like specializeds bikes but think this sort of posturing
reflects a desire to increase value by crushing all comers who may not be
able to fight back. Kind of disappointing.

P.S. - In my case we kicked the evil empire's @#$ and I wish Mountain Cycle
the same success.

James Marron, Esq.

>From: "Brooke Hoyer"
>To: markjginsberg@yahoo.com, obra@list.obra.org
>Subject: Re: [OBRA Chat] Stumpjumper vs. Stumptown
>Date: Thu, 09 Feb 2006 12:59:57 -0800
>
>Mark,
>
>First, I understand you don't work in trademark/patent/copyright.
>
>I was under the impression that Specialized has more tools at their
>disposal to fight brand dilution that the in-your-face cease and desist. I
>thought that Specialized could "grant" MC the right to use the name
>Stumptown with some official documentation and legal mumbo-jumbo and no
>cash involved. This paper trail would then be as good as a cease and desist

>for any dilution fights Specialized might wage down the road.
>
>Is taking the hard line right off the bat standard posturing?
>
>I certainly understand that Specialized would want to protect the
>Stumpjumper brand name. This instance just seems so far removed from brand
>name infringement as to appear a bit silly to a lay person.
>
>
>>From: "Mark J. Ginsberg"
>>Reply-To: markjginsberg@yahoo.com
>>To: obra@list.obra.org
>>Subject: Re: [OBRA Chat] Stumpjumper vs. Stumptown
>>Date: Thu, 9 Feb 2006 11:12:44 -0800 (PST)
>>
>>A better solution might be to change our patent/copyright laws so that
>>"dilution" doesn't occur.
>>
>> haven't you seen the ads in the New York Times where Xerox ask you to
>>call a photocopy a photocopy and not a Xerox?
>>
>> when a name becomes diluted or used for the generic the "owner" can
>>lose the exclusive rights to it.
>>
>> I am not saying this is good or bad, but it is.
>>
>> have you ever taken a moving star rather than an escalator?
>> how about using a cotton swab instead of a Q-tip?
>> Band-aid on your boo-boo? Same deal.
>>
>> there is a lot of litigation in this realm, some appropriate, some
>>overly agressive.
>> Understanding motivation is usualy a good place to start before taking
>>actions.
>>
>> Mark Ginsberg
>>
>>MAILER-DAEMON@list.obra.org wrote:I just read in the business page of the
>>Oregonian that Specialized is pressuring Mountain Cycle to dump the
>>"Stumptown" name from its 'cross bike. Specialized claims that
>>"Stumptown" is too close to its "Stumpjumper" label. GIVE ME A BREAK!!!!!
>>I have a '97 Stumpjumper M2 pro sitting in my garage. I can't see myself
>>confusing it with a Stumptown 'cross bike. If Specialized wins this one,
>>what will be next? Will "Stumptown" have to be removed from the Stumptown
>>Classic cyclocross race?
>>
>>Everyone should boycott Specialized (and tell them to go pound sand)
>>_______________________________________________
>>OBRA mailing list
>>obra@list.obra.org
>>http://list.obra.org/mailman/listinfo/obra
>>Unsubscribe: obra-unsubscribe@list.obra.org
>>
>>
>>
>>Mark J. Ginsberg
>>Attorney At Law
>>621 SW Morrison St., Ste. 900
>>Portland, OR 97204
>>(503) 542-3000
>>Fax (503) 227-2530
>>markjginsberg@yahoo.com
>>www.bikesafetylaw.com
>>
>>---------------------------------
>> Yahoo! Mail - Helps protect you from nasty viruses.
>
>
>>_______________________________________________
>>OBRA mailing list
>>obra@list.obra.org
>>http://list.obra.org/mailman/listinfo/obra
>>Unsubscribe: obra-unsubscribe@list.obra.org
>
>_________________________________________________________________
>Is your PC infected? Get a FREE online computer virus scan from McAfeeR
>Security. http://clinic.mcafee.com/clinic/ibuy/campaign.asp?cid=3963
>

>_______________________________________________
>OBRA mailing list
>obra@list.obra.org
>http://list.obra.org/mailman/listinfo/obra
>Unsubscribe: obra-unsubscribe@list.obra.org

_______________________________________________
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Unsubscribe: obra-unsubscribe@list.obra.org

_____

Yahoo! Mail
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Photomail to share photos without annoying attachments.

EAL

James. If you think that the value of a trademark lies in royalty revenues you are sadly misinformed. While there are, indeed, some companies that regularly value license thier trademarks, most trademarks serve the function of identifying a particular product with a particular source. For example, do you think the value of the trademark "I-Pod" lies in its royalty potential? Do you think that Apple enforces that trademark in order to extract royalties? The fact is that trademark infringement usually occurs in the context trying to create the impression that the infringer's product as the same qualities as the trademarked product.

Ed Lanton

James Marron wrote:
I am also an attorney here in Portland and spent some time in a very similar
case with strikingly similar facts. The reason for aggressive manuevering
is simple: money. A "name monopoly" is a priceless commodity because you
can then force anyone who wants to use the name to pay you a royalty - if
you feel like sharing. Although there are cases in which someone is
blatantly trying to make a buck by ripping off someone else's name - this
aint it. I like specializeds bikes but think this sort of posturing
reflects a desire to increase value by crushing all comers who may not be
able to fight back. Kind of disappointing.

P.S. - In my case we kicked the evil empire's @#$ and I wish Mountain Cycle
the same success.

James Marron, Esq.

>From: "Brooke Hoyer"

>To: markjginsberg@yahoo.com, obra@list.obra.org
>Subject: Re: [OBRA Chat] Stumpjumper vs. Stumptown
>Date: Thu, 09 Feb 2006 12:59:57 -0800
>
>Mark,
>
>First, I understand you don't work in trademark/patent/copyright.
>
>I was under the impression that Specialized has more tools at their
>disposal to fight brand dilution that the in-your-face cease and desist. I
>thought that Specialized could "grant" MC the right to use the name
>Stumptown with some official documentation and legal mumbo-jumbo and no
>cash involved. This paper trail would then be as good as a cease and desist
>for any dilution fights Specialized might wage down the road.
>
>Is taking the hard line right off the bat standard posturing?
>
>I certainly understand that Specialized would want to protect the
>Stumpjumper brand name. This instance just seems so far removed from brand
>name infringement as to appear a bit silly to a lay person.
>
>
>>From: "Mark J. Ginsberg"
>>Reply-To: markjginsberg@yahoo.com
>>To: obra@list.obra.org
>>Subject: Re: [OBRA Chat] Stumpjumper vs. Stumptown
>>Date: Thu, 9 Feb 2006 11:12:44 -0800 (PST)
>>
>>A better solution might be to change our patent/copyright laws so that
>>"dilution" doesn't occur.
>>
>> haven't you seen the ads in the New York Times where Xerox ask you to
>>call a photocopy a photocopy and not a Xerox?
>>
>> when a name becomes diluted or used for the generic the "owner" can
>>lose the exclusive rights to it.
>>
>> I am not saying this is good or bad, but it is.
>>
>> have you ever taken a moving star rather than an escalator?
>> how about using a cotton swab instead of a Q-tip?
>> Band-aid on your boo-boo? Same deal.
>>
>> there is a lot of litigation in this realm, some appropriate, some
>>overly agressive.
>> Understanding motivation is usualy a good place to start before taking
>>actions.
>>
>> Mark Ginsberg
>>
>>MAILER-DAEMON@list.obra.org wrote:I just read in the business page of the
>>Oregonian that Specialized is pressuring Mountain Cycle to dump the
>>"Stumptown" name from its 'cross bike. Specialized claims that
>>"Stumptown" is too close to its "Stumpjumper" label. GIVE ME A BREAK!!!!!
>>I have a '97 Stumpjumper M2 pro sitting in my garage. I can't see myself
>>confusing it with a Stumptown 'cross bike. If Specialized wins this one,
>>what will be next? Will "Stumptown" have to be removed from the Stumptown
>>Classic cyclocross race?
>>
>>Everyone should boycott Specialized (and tell them to go pound sand)
>>_______________________________________________
>>OBRA mailing list
>>obra@list.obra.org
>>http://list.obra.org/mailman/listinfo/obra
>>Unsubscribe: obra-unsubscribe@list.obra.org
>>
>>
>>
>>Mark J. Ginsberg
>>Attorney At Law
>>621 SW Morrison St., Ste. 900
>>Portland, OR 97204
>>(503) 542-3000
>>Fax (503) 227-2530
>>markjginsberg@yahoo.com
>>www.bikesafetylaw.com
>>
>>---------------------------------
>> Yahoo! Mail - Helps protect you from nasty viruses.
>
>
>>_______________________________________________
>>OBRA mailing list
>>obra@list.obra.org
>>http://list.obra.org/mailman/listinfo/obra
>>Unsubscribe: obra-unsubscribe@list.obra.org
>
>_________________________________________________________________
>Is your PC infected? Get a FREE online computer virus scan from McAfee®
>Security. http://clinic.mcafee.com/clinic/ibuy/campaign.asp?cid=3963
>

>_______________________________________________
>OBRA mailing list
>obra@list.obra.org
>http://list.obra.org/mailman/listinfo/obra
>Unsubscribe: obra-unsubscribe@list.obra.org

_______________________________________________
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Use Photomail to share photos without annoying attachments.

EAL

Not to act as a Specialized apologist here, but I've got to say that Specialized is not out of bounds in taking this action.

   

This issue is whether the use of Stumptown on a cyclocross bike causes confusion as to source or quality of goods, specifically the Stumpjumper line of mountain bikes. While the residents of Stumptown certainly can tell the difference, that difference may not be so apparent nationwide.

   

Specialized is in a tough position. They don't want to come across as Goliath crushing the little guy, but they also have an obligation to protect their trademark. From what I've seen, they aren't exactly coming out "guns blazing". The demand letter was pretty tame as demand letters go. And they haven't sought an injunction, although they could.

   

Hopefully, there is a middle ground that can be obtained by negotiation. It could be that MC phases out the use of Stumptown and adopts some other Portland referenced moniker without the payment of damages for past infringemnet. It could be that MC continues the use of Stumptown, but in a manner that clearly differentiates it from Stumpjumper, such as use of wildly different graphics or use of disclaimers on all marketing collateral. I don't know.

   

I do know that this isn't a clear cut case of bullying by Specialized and, whatever the outcome, it's not going to affect my use of Specialized products.

   

Ed Lanton





---------------------------------

Yahoo! Mail - Helps protect you from nasty viruses.

James Marron

I am also an attorney here in Portland and spent some time in a very similar
case with strikingly similar facts. The reason for aggressive manuevering
is simple: money. A "name monopoly" is a priceless commodity because you
can then force anyone who wants to use the name to pay you a royalty - if
you feel like sharing. Although there are cases in which someone is
blatantly trying to make a buck by ripping off someone else's name - this
aint it. I like specializeds bikes but think this sort of posturing
reflects a desire to increase value by crushing all comers who may not be
able to fight back. Kind of disappointing.

P.S. - In my case we kicked the evil empire's @#$ and I wish Mountain Cycle
the same success.

James Marron, Esq.

>From: "Brooke Hoyer"
>To: markjginsberg@yahoo.com, obra@list.obra.org
>Subject: Re: [OBRA Chat] Stumpjumper vs. Stumptown
>Date: Thu, 09 Feb 2006 12:59:57 -0800
>
>Mark,
>
>First, I understand you don't work in trademark/patent/copyright.
>
>I was under the impression that Specialized has more tools at their
>disposal to fight brand dilution that the in-your-face cease and desist. I
>thought that Specialized could "grant" MC the right to use the name
>Stumptown with some official documentation and legal mumbo-jumbo and no
>cash involved. This paper trail would then be as good as a cease and desist
>for any dilution fights Specialized might wage down the road.
>
>Is taking the hard line right off the bat standard posturing?
>
>I certainly understand that Specialized would want to protect the
>Stumpjumper brand name. This instance just seems so far removed from brand
>name infringement as to appear a bit silly to a lay person.
>
>
>>From: "Mark J. Ginsberg"
>>Reply-To: markjginsberg@yahoo.com
>>To: obra@list.obra.org
>>Subject: Re: [OBRA Chat] Stumpjumper vs. Stumptown
>>Date: Thu, 9 Feb 2006 11:12:44 -0800 (PST)
>>
>>A better solution might be to change our patent/copyright laws so that
>>"dilution" doesn't occur.
>>
>> haven't you seen the ads in the New York Times where Xerox ask you to
>>call a photocopy a photocopy and not a Xerox?
>>
>> when a name becomes diluted or used for the generic the "owner" can
>>lose the exclusive rights to it.
>>
>> I am not saying this is good or bad, but it is.
>>
>> have you ever taken a moving star rather than an escalator?
>> how about using a cotton swab instead of a Q-tip?
>> Band-aid on your boo-boo? Same deal.
>>
>> there is a lot of litigation in this realm, some appropriate, some
>>overly agressive.
>> Understanding motivation is usualy a good place to start before taking
>>actions.
>>
>> Mark Ginsberg
>>
>>MAILER-DAEMON@list.obra.org wrote:I just read in the business page of the
>>Oregonian that Specialized is pressuring Mountain Cycle to dump the
>>"Stumptown" name from its 'cross bike. Specialized claims that
>>"Stumptown" is too close to its "Stumpjumper" label. GIVE ME A BREAK!!!!!
>>I have a '97 Stumpjumper M2 pro sitting in my garage. I can't see myself
>>confusing it with a Stumptown 'cross bike. If Specialized wins this one,
>>what will be next? Will "Stumptown" have to be removed from the Stumptown
>>Classic cyclocross race?
>>
>>Everyone should boycott Specialized (and tell them to go pound sand)
>>_______________________________________________
>>OBRA mailing list
>>obra@list.obra.org
>>http://list.obra.org/mailman/listinfo/obra
>>Unsubscribe: obra-unsubscribe@list.obra.org
>>
>>
>>
>>Mark J. Ginsberg
>>Attorney At Law
>>621 SW Morrison St., Ste. 900
>>Portland, OR 97204
>>(503) 542-3000
>>Fax (503) 227-2530
>>markjginsberg@yahoo.com
>>www.bikesafetylaw.com
>>
>>---------------------------------
>> Yahoo! Mail - Helps protect you from nasty viruses.
>
>
>>_______________________________________________
>>OBRA mailing list
>>obra@list.obra.org
>>http://list.obra.org/mailman/listinfo/obra
>>Unsubscribe: obra-unsubscribe@list.obra.org
>
>_________________________________________________________________
>Is your PC infected? Get a FREE online computer virus scan from McAfee?
>Security. http://clinic.mcafee.com/clinic/ibuy/campaign.asp?cid=3963
>

>_______________________________________________
>OBRA mailing list
>obra@list.obra.org
>http://list.obra.org/mailman/listinfo/obra
>Unsubscribe: obra-unsubscribe@list.obra.org

Curt Dewees

Stumptown From Wikipedia, the free encyclopedia
Jump to: navigation ,
search

*"Stumptown"* is a nickname for
Portland,
Oregon , coined in a period of
phenomenal growth in the city after 1847 .
Portland was growing so rapidly that the stumps of trees cut down to make
way for roads were left until manpower could be spared to remove them. In
some areas, the stumps remained for so long that locals painted them white
to make them more visible, and used them to cross the street without sinking
into the mud.

*Stumptown Coffee* is an independent
coffeeroaster and retailer
located in Portland,
Oregon . The chain's
flagship store on SE 45th and Division opened in
1999,
and two other stores have since opened in Portland. The coffee is remarkable
for the strength and thickness of its "standard" brew, probably owing to a
policy of serving French pressed
coffee for its standard
brew.

The *Stumptown Comics Fest* is an annual celebration of comic art, held also
in Portland. Special guest exhibitors have included Derek Kirk
Kim(Same Difference, and
Other Stories), R Stevens (Diesel
Sweeties ), and local
Portlanders such as Shannon
Wheeler(Too
Much Coffee Man ).

On 2/9/06, Eric Kytola wrote:
>
> maybe instead of "we are going to boycott you!!" rant
> you could approach with "it would be nice if MC could name a bike after
> the city that's at the core of our nations cyclocross interest"
>
> i feel politeness works better than threats, and I'm sure my kids
> agree.....
>
>
>
> ------------------------------
> *From:* obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org] *On
> Behalf Of *EAL
> *Sent:* Thursday, February 09, 2006 11:31 AM
> *To:* obra@list.obra.org
> *Subject:* [OBRA Chat] Stumpjumper vs. Stumptown
>
>
> Not to sound like a Specialized apologist, but I don't think that
> Specialized is out of bounds here.
>
> The question is whether or not the use of the name Stumptown creates
> confusion as to origin or quality of goods, specifically, the Stumpjumper
> line of mountain bikes. While such use of Stumpjumper may not confuse the
> denizens of Portland, arguably it would create confusion on a nationwide
> basis.
>
> Specialized is in a tough position here. They don't want to come across
> as Goliath crushing David. But they also have a legitimate interest in
> making sure their trademark is not infringed.
>
> Specialized has not been overly agressive in their pursuit of this case.
> The demand letter is pretty tame as demand letters go. They haven't sought
> an injunction, although they could have.
>
> Most likely the parties are going to come to some agreed upon resolution.
> It could be that Specialized allows the gradual phase out of existing
> inventory and forgoes damages for past infringement and MC goes to a
> different Portland reference moniker. It could be that MC just changes the
> usage of the name through wildly different graphics and/or disclaimers in
> all their marketing collateral. Who knows?
>
> Whatever the outcome, it will not affect my future purchases of
> Specialized products because I don't think Specialized is acting
> unreasonably in this case.
>
> Ed Lanton
>
> ------------------------------
> Brings words and photos together (easily) with
> PhotoMail
> -
> it's free and works with Yahoo! Mail.
>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
>

Brooke Hoyer

Mark,

First, I understand you don't work in trademark/patent/copyright.

I was under the impression that Specialized has more tools at their disposal
to fight brand dilution that the in-your-face cease and desist. I thought
that Specialized could "grant" MC the right to use the name Stumptown with
some official documentation and legal mumbo-jumbo and no cash involved. This
paper trail would then be as good as a cease and desist for any dilution
fights Specialized might wage down the road.

Is taking the hard line right off the bat standard posturing?

I certainly understand that Specialized would want to protect the
Stumpjumper brand name. This instance just seems so far removed from brand
name infringement as to appear a bit silly to a lay person.

>From: "Mark J. Ginsberg"
>Reply-To: markjginsberg@yahoo.com
>To: obra@list.obra.org
>Subject: Re: [OBRA Chat] Stumpjumper vs. Stumptown
>Date: Thu, 9 Feb 2006 11:12:44 -0800 (PST)
>
>A better solution might be to change our patent/copyright laws so that
>"dilution" doesn't occur.
>
> haven't you seen the ads in the New York Times where Xerox ask you to
>call a photocopy a photocopy and not a Xerox?
>
> when a name becomes diluted or used for the generic the "owner" can lose
>the exclusive rights to it.
>
> I am not saying this is good or bad, but it is.
>
> have you ever taken a moving star rather than an escalator?
> how about using a cotton swab instead of a Q-tip?
> Band-aid on your boo-boo? Same deal.
>
> there is a lot of litigation in this realm, some appropriate, some
>overly agressive.
> Understanding motivation is usualy a good place to start before taking
>actions.
>
> Mark Ginsberg
>
>MAILER-DAEMON@list.obra.org wrote:I just read in the business page of the
>Oregonian that Specialized is pressuring Mountain Cycle to dump the
>"Stumptown" name from its 'cross bike. Specialized claims that "Stumptown"
>is too close to its "Stumpjumper" label. GIVE ME A BREAK!!!!!
>I have a '97 Stumpjumper M2 pro sitting in my garage. I can't see myself
>confusing it with a Stumptown 'cross bike. If Specialized wins this one,
>what will be next? Will "Stumptown" have to be removed from the Stumptown
>Classic cyclocross race?
>
>Everyone should boycott Specialized (and tell them to go pound sand)
>_______________________________________________
>OBRA mailing list
>obra@list.obra.org
>http://list.obra.org/mailman/listinfo/obra
>Unsubscribe: obra-unsubscribe@list.obra.org
>
>
>
>Mark J. Ginsberg
>Attorney At Law
>621 SW Morrison St., Ste. 900
>Portland, OR 97204
>(503) 542-3000
>Fax (503) 227-2530
>markjginsberg@yahoo.com
>www.bikesafetylaw.com
>
>---------------------------------
> Yahoo! Mail - Helps protect you from nasty viruses.

>_______________________________________________
>OBRA mailing list
>obra@list.obra.org
>http://list.obra.org/mailman/listinfo/obra
>Unsubscribe: obra-unsubscribe@list.obra.org

_________________________________________________________________
Is your PC infected? Get a FREE online computer virus scan from McAfee?
Security. http://clinic.mcafee.com/clinic/ibuy/campaign.asp?cid=3963

Thomas Hoffman

You make a good point Mark.

When I was in the Bike Industry in the late 80's, I would often have people
refer to Mountain bikes as "stumpjumpers" not realizing that it was a name
of a bike. Nor did they know about Specialized Bikes. But they had heard
the term and wanted one, whatever it was.

It is to bad that they don't turn a blind eye to the issue. But we can't
have "dilution" now, can we.

Isn't it somewhat ironic that some of Specialized's early bike designers
were from Stumptown? Jim Merz and Marc Dinnucci (SP?)

_____

From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org] On
Behalf Of Mark J. Ginsberg
Sent: Thursday, February 09, 2006 11:13 AM
To: obra@list.obra.org
Subject: Re: [OBRA Chat] Stumpjumper vs. Stumptown

A better solution might be to change our patent/copyright laws so that
"dilution" doesn't occur.

haven't you seen the ads in the New York Times where Xerox ask you to call a
photocopy a photocopy and not a Xerox?

when a name becomes diluted or used for the generic the "owner" can lose the
exclusive rights to it.

I am not saying this is good or bad, but it is.

have you ever taken a moving star rather than an escalator?
how about using a cotton swab instead of a Q-tip?
Band-aid on your boo-boo? Same deal.

there is a lot of litigation in this realm, some appropriate, some overly
agressive.
Understanding motivation is usualy a good place to start before taking
actions.

Mark Ginsberg

MAILER-DAEMON@list.obra.org wrote:

I just read in the business page of the Oregonian th at Specialized is
pressuring Mountain Cycle to dump the "Stumptown" name from its 'cross bike.
Specialized claims that "Stumptown" is too close to its "Stumpjumper" label.
GIVE ME A BREAK!!!!!
I have a '97 Stumpjumper M2 pro sitting in my garage. I can't see myself
confusing it with a Stumptown 'cross bike. If Specialized wins this one,
what will be next? Will "Stumptown" have to be removed from the Stumptown
Classic cyclocross race?

Everyone should boycott Specialized (and tell them to go pound sand)
_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org

Mark J. Ginsberg
Attorney At Law
621 SW Morrison St., Ste. 900
Portland, OR 97204
(503) 542-3000
Fax (503) 227-2530
markjginsberg@yahoo.com
www.bikesafetylaw.com

_____

Yahoo!

Mail - Helps protect you from nasty viruses.

Eric Kytola

maybe instead of "we are going to boycott you!!" rant
you could approach with "it would be nice if MC could name a bike after
the city that's at the core of our nations cyclocross interest"

i feel politeness works better than threats, and I'm sure my kids
agree.....

________________________________

From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org] On
Behalf Of EAL
Sent: Thursday, February 09, 2006 11:31 AM
To: obra@list.obra.org
Subject: [OBRA Chat] Stumpjumper vs. Stumptown

Not to sound like a Specialized apologist, but I don't think that
Specialized is out of bounds here.

The question is whether or not the use of the name Stumptown creates
confusion as to origin or quality of goods, specifically, the
Stumpjumper line of mountain bikes. While such use of Stumpjumper may
not confuse the denizens of Portland, arguably it would create confusion
on a nationwide basis.

Specialized is in a tough position here. They don't want to come across
as Goliath crushing David. But they also have a legitimate interest in
making sure their trademark is not infringed.

Specialized has not been overly agressive in their pursuit of this case.
The demand letter is pretty tame as demand letters go. They haven't
sought an injunction, although they could have.

Most likely the parties are going to come to some agreed upon
resolution. It could be that Specialized allows the gradual phase out
of existing inventory and forgoes damages for past infringement and MC
goes to a different Portland reference moniker. It could be that MC
just changes the usage of the name through wildly different graphics
and/or disclaimers in all their marketing collateral. Who knows?

Whatever the outcome, it will not affect my future purchases of
Specialized products because I don't think Specialized is acting
unreasonably in this case.

Ed Lanton

________________________________

Brings words and photos together (easily) with
PhotoMail
- it's free and works with Yahoo! Mail.

EAL

Not to sound like a Specialized apologist, but I don't think that Specialized is out of bounds here.

The question is whether or not the use of the name Stumptown creates confusion as to origin or quality of goods, specifically, the Stumpjumper line of mountain bikes. While such use of Stumpjumper may not confuse the denizens of Portland, arguably it would create confusion on a nationwide basis.

Specialized is in a tough position here. They don't want to come across as Goliath crushing David. But they also have a legitimate interest in making sure their trademark is not infringed.

Specialized has not been overly agressive in their pursuit of this case. The demand letter is pretty tame as demand letters go. They haven't sought an injunction, although they could have.

Most likely the parties are going to come to some agreed upon resolution. It could be that Specialized allows the gradual phase out of existing inventory and forgoes damages for past infringement and MC goes to a different Portland reference moniker. It could be that MC just changes the usage of the name through wildly different graphics and/or disclaimers in all their marketing collateral. Who knows?

Whatever the outcome, it will not affect my future purchases of Specialized products because I don't think Specialized is acting unreasonably in this case.

Ed Lanton

---------------------------------
Brings words and photos together (easily) with
PhotoMail - it's free and works with Yahoo! Mail.

Mark J. Ginsberg

A better solution might be to change our patent/copyright laws so that "dilution" doesn't occur.

haven't you seen the ads in the New York Times where Xerox ask you to call a photocopy a photocopy and not a Xerox?

when a name becomes diluted or used for the generic the "owner" can lose the exclusive rights to it.

I am not saying this is good or bad, but it is.

have you ever taken a moving star rather than an escalator?
how about using a cotton swab instead of a Q-tip?
Band-aid on your boo-boo? Same deal.

there is a lot of litigation in this realm, some appropriate, some overly agressive.
Understanding motivation is usualy a good place to start before taking actions.

Mark Ginsberg

MAILER-DAEMON@list.obra.org wrote:I just read in the business page of the Oregonian that Specialized is pressuring Mountain Cycle to dump the "Stumptown" name from its 'cross bike. Specialized claims that "Stumptown" is too close to its "Stumpjumper" label. GIVE ME A BREAK!!!!!
I have a '97 Stumpjumper M2 pro sitting in my garage. I can't see myself confusing it with a Stumptown 'cross bike. If Specialized wins this one, what will be next? Will "Stumptown" have to be removed from the Stumptown Classic cyclocross race?

Everyone should boycott Specialized (and tell them to go pound sand)
_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org

Mark J. Ginsberg
Attorney At Law
621 SW Morrison St., Ste. 900
Portland, OR 97204
(503) 542-3000
Fax (503) 227-2530
markjginsberg@yahoo.com
www.bikesafetylaw.com

---------------------------------
Yahoo! Mail - Helps protect you from nasty viruses.

Craig Austin

Specialized take the high road? Not likely. They could've licensed their
rear suspension technology to Scott for a whole lot more than $1, much
as they did to small-time builder Titus on the Racer X, but instead they
chose to keep Scott (who they view as a much bigger threat) from selling
those frames in the US. While I'm all for protecting patents, they own
the name "stumpjumper," not the word "stump," and certainly not the
120-year-old term for the city of Portland, "stumptown."

I wonder if Fuji is taking similar action against Specialized? They've
had a "Roubaix" road model for several years, and now Specialized has
one by the exact same name. Talk about your glass houses.

Instead of trying to negotiate with the Big S, I'd much rather see
Mountain Cycles come out with a whole new line of bikes named "Rube Bay"
and "EffEssArr." This is the stupidest and most arrogant legal action
I've seen in a long time. That's quite a stretch to assume that users
will "confuse the origin" of a Stumptown 'cross bike with a Stumpjumper
mountain bike.

Craig

________________________________

From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org] On
Behalf Of Brian Engelen
Sent: Thursday, February 09, 2006 10:34 AM
To: shane.young@comcast.net; obra@list.obra.org
Subject: Re: [OBRA Chat] Stumpjumper vs. Stumptown

Hopefully Specialized will take the high road and do something like
selling the name rights related to Stumptown for $1.

Brian

-----Original Message-----
From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org] On
Behalf Of shane.young@comcast.net
Sent: Thursday, February 09, 2006 10:20 AM
To: obra@list.obra.org
Subject: Re: [OBRA Chat] Stumpjumper vs. Stumptown

Well since it is such a great race they won't require that the name be
changed because it is good PR for them. Under their logic it looks like
they are sponsoring the race but don't have to pay a thing.

It looks like Specialized thinks they are Starbucks who feels that they
are infrindged anytime someone uses the word Star.

-------------- Original message --------------
From: MAILER-DAEMON@list.obra.org

> I just read in the business page of the Oregonian that
Specialized is pressuring
> Mountain Cycle to dump the "Stumptown" name from its 'cross
bike. Specialized
> claims that "Stumptown" is too close to its "Stumpjumper"
label. GIVE ME A
> BREAK!!!!!
> I have a '97 Stumpjumper M2 pro sitting in my garage. I can't
see myself
> confusing it with a Stumptown 'cross bike. If Specialized wins
this one, what
> will be next? Will "Stumptown" have to be removed from the
Stumptown Classic
> cyclocross race?
>
> Everyone should boycott Specialized (and tell them to go pound
sand)
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org

Malcolm, Gary

Stumptown != STUMPJUMPER

I work in the software industry so believe me when I say this crud is way
out of hand, but the solution is WAY simple. Bad publicity is VERY hard on
small industries... especially 'luxury' industries like (for instance)
bicycle manufacturers.

A few notes to Specialized will do a world of good:

15130 Concord Circle
Morgan Hill, CA 95037-5428
Phone: 408-779-6229
Fax: 408-779-1631

or

http://www.specialized.com/bc/contactus.jsp?minisite=10082





I'm emailing now ;)

G

Brian Engelen

Hopefully Specialized will take the high road and do something like selling
the name rights related to Stumptown for $1.

Brian

-----Original Message-----
From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org] On
Behalf Of shane.young@comcast.net
Sent: Thursday, February 09, 2006 10:20 AM
To: obra@list.obra.org
Subject: Re: [OBRA Chat] Stumpjumper vs. Stumptown

Well since it is such a great race they won't require that the name be
changed because it is good PR for them. Under their logic it looks like
they are sponsoring the race but don't have to pay a thing.

It looks like Specialized thinks they are Starbucks who feels that they are
infrindged anytime someone uses the word Star.

-------------- Original message --------------
From: MAILER-DAEMON@list.obra.org

> I just read in the business page of the Oregonian that Specialized is
pressuring
> Mountain Cycle to dump the "Stumptown" name from its 'cross bike.
Specialized
> claims that "Stumptown" is too close to its "Stumpjumper" label. GIVE ME A

> BREAK!!!!!
> I have a '97 Stumpjumper M2 pro sitting in my garage. I can't see myself
> confusing it with a Stumptown 'cross bike. If Specialized wins this one,
what
> will be next? Will "Stumptown" have to be removed from the Stumptown
Classic
> cyclocross race?
>
> Everyone should boycott Specialized (and tell them to go pound sand)
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org

Ed Manning III

http://www.matchvideozine.com/MClegal.pdf

On 2/9/06, shane.young@comcast.net wrote:
>
> Well since it is such a great race they won't require that the name be
> changed because it is good PR for them. Under their logic it looks like
> they are sponsoring the race but don't have to pay a thing.
>
> It looks like Specialized thinks they are Starbucks who feels that they
> are infrindged anytime someone uses the word Star.
>
>
> -------------- Original message --------------
> From: MAILER-DAEMON@list.obra.org
>
> > I just read in the business page of the Oregonian that Specialized is
> pressuring
> > Mountain Cycle to dump the "Stumptown" name from its 'cross bike.
> Specialized
> > claims that "Stumptown" is too close to its "Stumpjumper" label. GIVE ME
> A
> > BREAK!!!!!
> > I have a '97 Stumpjumper M2 pro sitting in my garage. I can't see myself
>
> > confusing it with a Stumptown 'cross bike. If Specialized wins this one,
> what
> > will be next? Will "Stumptown" have to be removed from the Stumptown
> Classic
> > cyclocross race?
> >
> > Everyone should boycott Specialized (and tell them to go pound sand)
> > _______________________________________________
> > OBRA mailing list
> > obra@list.obra.org
> > http://list.obra.org/mailman/listinfo/obra
> > Unsubscribe: obra-unsubscribe@list.obra.org
>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
>

shane.young@comcast.net

Well since it is such a great race they won't require that the name be changed because it is good PR for them. Under their logic it looks like they are sponsoring the race but don't have to pay a thing.

It looks like Specialized thinks they are Starbucks who feels that they are infrindged anytime someone uses the word Star.

-------------- Original message --------------
From: MAILER-DAEMON@list.obra.org

> I just read in the business page of the Oregonian that Specialized is pressuring
> Mountain Cycle to dump the "Stumptown" name from its 'cross bike. Specialized
> claims that "Stumptown" is too close to its "Stumpjumper" label. GIVE ME A
> BREAK!!!!!
> I have a '97 Stumpjumper M2 pro sitting in my garage. I can't see myself
> confusing it with a Stumptown 'cross bike. If Specialized wins this one, what
> will be next? Will "Stumptown" have to be removed from the Stumptown Classic
> cyclocross race?
>
> Everyone should boycott Specialized (and tell them to go pound sand)
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Matthew Wolpert

I totally agree with the sentiment expressed in your email, but I
don't think boycotting Specialized is an appropriate first step
however, as, to my knowledge, they have not yet begun legal action. To
wit, below is a copy of the email I sent to Specialized:

Dear Specialized,

Greetings from Portland, Oregon.

A Specialized Stumpjumper was the first mountain bike I ever bought. I
currently own a Specialized S-Works. In total, I now own ten bicycles.
In Calendar year 2005, I rode a bicycle on approximately 330 days of
the year.

If Specialized should attempt legal action to force the Portland,
Oregon based manufacturer MountainCycles to stop using the name
"Stumptown" (a local moniker that predates the formation of the state
of California) I would notice and I would tell the story far and wide.
I would also boycott, and encourage those I know to boycott all future
purchases of Specialized bicycles until MountainCycles' associated
legal expenses should be paid by Specialized.

I have never owned a MountainCycles product, and I am not aware of
anyone I know working for or having worked for their company.

Thank you,

Matthew Wolpert

On 2/9/06, MAILER-DAEMON@list.obra.org wrote:
> I just read in the business page of the Oregonian that Specialized is pressuring Mountain Cycle to dump the "Stumptown" name from its 'cross bike. Specialized claims that "Stumptown" is too close to its "Stumpjumper" label. GIVE ME A BREAK!!!!!
> I have a '97 Stumpjumper M2 pro sitting in my garage. I can't see myself confusing it with a Stumptown 'cross bike. If Specialized wins this one, what will be next? Will "Stumptown" have to be removed from the Stumptown Classic cyclocross race?
>
> Everyone should boycott Specialized (and tell them to go pound sand)
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>

MAILER-DAEMON@list.obra.org

I just read in the business page of the Oregonian that Specialized is pressuring Mountain Cycle to dump the "Stumptown" name from its 'cross bike. Specialized claims that "Stumptown" is too close to its "Stumpjumper" label. GIVE ME A BREAK!!!!!
I have a '97 Stumpjumper M2 pro sitting in my garage. I can't see myself confusing it with a Stumptown 'cross bike. If Specialized wins this one, what will be next? Will "Stumptown" have to be removed from the Stumptown Classic cyclocross race?

Everyone should boycott Specialized (and tell them to go pound sand)