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