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

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