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





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