EAL

James. If you think that the value of a trademark lies in royalty revenues you are sadly misinformed. While there are, indeed, some companies that regularly value license thier trademarks, most trademarks serve the function of identifying a particular product with a particular source. For example, do you think the value of the trademark "I-Pod" lies in its royalty potential? Do you think that Apple enforces that trademark in order to extract royalties? The fact is that trademark infringement usually occurs in the context trying to create the impression that the infringer's product as the same qualities as the trademarked product.

Ed Lanton

James Marron wrote:
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)
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>>
>>
>>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
>>
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