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

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