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