EAL
Actually, my initial reaction was firmly in the camp of MC, and I had even started to draft an indignant letter to Specialized. Then I stopped to consider a few things. First, This isn't the use of Stumptown for coffee or online services or even a bicycle shop. They are using it on a bicycle. Then I put myself in the position of the average consumer, not the consumer who is lucky enough to live on Portland and understands the local meaning of Stumptown. When I do that, and when I consider how valueable a mark is and what must be done to protect it, and I consider the fact that Specialized could have come on much more agressively than it has, I begin to see Specialized's point of view and I can't cast them in this in the simple light of evil versus good.
Do I support and want to see MC be a wildly successful company? Most certainly. Do I think they are being unfairly treated? No. I think this is a case where reasonable minds can differ and I think it's a case where both parties should be willing to arrive at a resolution that works for both.
Ed Lanton
Brooke Hoyer wrote:
>From: EAL
>To: obra@list.obra.org
>Subject: Re: [OBRA Chat] Stumpjumper vs. Stumptown
>Date: Thu, 9 Feb 2006 17:17:19 -0800 (PST)
>
>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.
Bingo, Ed. And in this case, do you think there is any liklyhood that
Mountain Cycles was trying to create the impression that the Stumptown
cyclocross bicycle had the same qaulities as the Specialized Stumpjumper?
Answer: NO
Brooke Hoyer
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