Kurt Ward
It wasn't very long ago that Tillamook Dairy went after Tillamook
Smoker in a "You can't use the Tillamook name!" sort of manner. They
both make food products and it's as plain as day that there is a
difference in what they make. I was very glad to see they lost that
battle.
Specialized be damned!
On Feb 9, 2006, at 5:17 PM, EAL wrote:
> 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 simil ar
> 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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