Specialized Bikes Suck

Don Joling

2013-12-12

Thanks,
I talked to Dan yesterday and he's very satisfied with the outcome.
It might be noted that Dan is a very humble guy. He didn't ask any of us to do this for him. We just kinda took the ball and ran with it. It's pretty amazing the power of social media.
For the people that I see out on the inter webs still naysaying, well, I guess we're all entitled to our opinion. Personally, I feel that Mike (Sinyard) was sincere and once in awhile, when people remind you where you started (and who is ultimately supporting your livelihood) good things can happen, and changes made for the better. I won't have any problem going forward buying Spech stuff.
I'm just stoked for Dan and his little shop, Cafe Roubaix, that's going to be having a busy holiday season.
Prost!
-don

On Dec 12, 2013, at 7:02 AM, Justin Watkins wrote:

> The latest, related to your post.
>
> http://tomdemerly.com/2013/12/12/specialized-bicycles-ceo-sinyard-apologizes-shows-class/
>
>
> > From: jpowell@spiritone.com
> > Date: Wed, 11 Dec 2013 09:15:21 -0800
> > To: skbugco@gmail.com
> > CC: obra@list.obra.org
> > Subject: Re: [OBRA Chat] Specialized Bikes Suck
> >
> > Sounds more like the Mike Sinyard I knew many years ago who rode his bike to Portland and Seattle to sell tire pumps and bar tape and tire glue, which I bought, and he shipped, on a handshake. Kudos to the bike community, and to the real Mike Sinyard for stepping up, for remembering who we are, and where we come from. And thanks to you and your friend with the bike shop in Calgary for the reminder.
> >
> > Jerry
> >
> > Jerald M Powell
> > 1926 SW Madison Street
> > Portland Oregon 97205
> >
> > 503 222 7173
> > 503 799 7823 (cell)
> >
> > jpowell@spiritone.com
> >
> >
> >
> >
> > On Dec 11, 2013, at 7:01 AM, Don Joling wrote:
> >
> > > I chatted with Dan (the owner of Cafe Roubaix and a friend) and Mike Sinyard (CEO of Specialized, for those that don't know) called him yesterday. It was a good and productive conversation. At this point, voices were heard, and Dan is satisfied with the outcome. He doesn't have to change the name of his shop. Rad!
> > > -don
> > > _______________________________________________
> > > OBRA mailing list
> > > obra@list.obra.org
> > > http://list.obra.org/mailman/listinfo/obra
> > > Unsubscribe: obra-unsubscribe@list.obra.org
> > >
> >
> >
> > _______________________________________________
> > OBRA mailing list
> > obra@list.obra.org
> > http://list.obra.org/mailman/listinfo/obra
> > Unsubscribe: obra-unsubscribe@list.obra.org


Justin Watkins

2013-12-12

The latest, related to your post.

http://tomdemerly.com/2013/12/12/specialized-bicycles-ceo-sinyard-apologizes-shows-class/

> From: jpowell@spiritone.com
> Date: Wed, 11 Dec 2013 09:15:21 -0800
> To: skbugco@gmail.com
> CC: obra@list.obra.org
> Subject: Re: [OBRA Chat] Specialized Bikes Suck
>
> Sounds more like the Mike Sinyard I knew many years ago who rode his bike to Portland and Seattle to sell tire pumps and bar tape and tire glue, which I bought, and he shipped, on a handshake. Kudos to the bike community, and to the real Mike Sinyard for stepping up, for remembering who we are, and where we come from. And thanks to you and your friend with the bike shop in Calgary for the reminder.
>
> Jerry
>
> Jerald M Powell
> 1926 SW Madison Street
> Portland Oregon 97205
>
> 503 222 7173
> 503 799 7823 (cell)
>
> jpowell@spiritone.com
>
>
>
>
> On Dec 11, 2013, at 7:01 AM, Don Joling wrote:
>
> > I chatted with Dan (the owner of Cafe Roubaix and a friend) and Mike Sinyard (CEO of Specialized, for those that don't know) called him yesterday. It was a good and productive conversation. At this point, voices were heard, and Dan is satisfied with the outcome. He doesn't have to change the name of his shop. Rad!
> > -don
> > _______________________________________________
> > OBRA mailing list
> > obra@list.obra.org
> > http://list.obra.org/mailman/listinfo/obra
> > Unsubscribe: obra-unsubscribe@list.obra.org
> >
>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org


Jerald Powell

2013-12-11

Sounds more like the Mike Sinyard I knew many years ago who rode his bike to Portland and Seattle to sell tire pumps and bar tape and tire glue, which I bought, and he shipped, on a handshake. Kudos to the bike community, and to the real Mike Sinyard for stepping up, for remembering who we are, and where we come from. And thanks to you and your friend with the bike shop in Calgary for the reminder.

Jerry

Jerald M Powell
1926 SW Madison Street
Portland Oregon 97205

503 222 7173
503 799 7823 (cell)

jpowell@spiritone.com

On Dec 11, 2013, at 7:01 AM, Don Joling wrote:

> I chatted with Dan (the owner of Cafe Roubaix and a friend) and Mike Sinyard (CEO of Specialized, for those that don't know) called him yesterday. It was a good and productive conversation. At this point, voices were heard, and Dan is satisfied with the outcome. He doesn't have to change the name of his shop. Rad!
> -don
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>


Don Joling

2013-12-11

I chatted with Dan (the owner of Cafe Roubaix and a friend) and Mike Sinyard (CEO of Specialized, for those that don't know) called him yesterday. It was a good and productive conversation. At this point, voices were heard, and Dan is satisfied with the outcome. He doesn't have to change the name of his shop. Rad!
-don


rondot@spiritone.com

2013-12-11

Maybe Mr. Sinyard could be coaxed into buying the timberlands known as
"Scappoose Trails" and then deeding them to NWTA for stewardship. That
might go a long way toward mending his wounded image. Help Portland as well
with it's miniscule amount of single track. Might have to rename the trails
something like "Sinyard Stumpjumper Trail System" but that would be fine.
It would be fitting to name after him if he stepped up and did this. It
would finally bring real single track that could be designed and maintained
so close to PDX that you can ride there. Yes. I know most people drive
there, but you can actually ride there unless you live way out East / SE or
South.
For some reason I think this will not happen. One of the trails on the
North side is however named "Purple Haze". Maybe we could work on Paul
Allen in the spirit of Jimi. Does anyone have any very rich relatives who
might owe them a big favor?
Remember Specialized has done many good things, and supported some races in
the OBRA calendar. I have strung a good amount of "Specialized" tape while
volunteering at various race venues. If he is trying to make it right that
is good.
ron

-----Original Message-----
From: dacrizzow
Sent: Tuesday, December 10, 2013 7:04 PM
To: obra@list.obra.org
Subject: Re: [OBRA Chat] Specialized Bikes Suck

okay, so now that all you "socially conscious" activists are feeling so
snappy, i'm guessing no one will be riding or buying specialized bikes
anymore. well, i'll be happy to take them off your hands. i promise you'll
feel much better about yourself for not only not supporting big business any
longer but also for NOT EVEN PROFITING! woohoo! and i promise i'll only ride
(and sell) them in protest against "the man." now....maybe we can mobilize
the troops to stop the logging of our scappoose trails
_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org


dacrizzow

2013-12-11

okay, so now that all you "socially conscious" activists are feeling so snappy, i'm guessing no one will be riding or buying specialized bikes anymore. well, i'll be happy to take them off your hands. i promise you'll feel much better about yourself for not only not supporting big business any longer but also for NOT EVEN PROFITING! woohoo! and i promise i'll only ride (and sell) them in protest against "the man." now....maybe we can mobilize the troops to stop the logging of our scappoose trails


matt Savage

2013-12-10

Because it's more polite than blowing up the Obra list with F bombs and
genitalia references...

On Tue, Dec 10, 2013 at 8:09 AM, Robert Jackson wrote:

> Maybe I'm ignorant but can you explain why you call sinyard a douchebag?
>
> Sent from mobile, please excuse typos and brevity.
>
> On Dec 10, 2013, at 7:47 AM, craig austin wrote:
>
> I'm just speculating here too, but maybe Fuji just wasn't run by a Giant
> (tm), so they allowed Specialized to license it.
>
> Craig
>
>
> On Mon, Dec 9, 2013 at 11:41 PM, EAL wrote:
>
>> Justin, you do mention a rather intriguing aspect of this; that is the
>> Fuji distributor had the federally registered trademark and yet, licensed
>> it to Specialized. Why would they do that? I speculate (repeat
>> speculate) as to reasons. My best guess so far is the following
>> scenario:
>>
>> Fuji had the mark but Specialized failed to do it's due diligence when it
>> launched the Roubaix line. (Why else would they launch the Roubaix line
>> directly in the teeth of a federally registered mark that's squarely on
>> point?) When Fuji contacted Specialized about misappropriation Specialized
>> threatened litigation aimed at establishing that Fuji's mark was
>> unenforceable for any number of reasons, (many of which could apply in the
>> case of Mr. Richter, by the way , if he had the dollars to litigate). I
>> also suspect there were important additional business reasons asserted by
>> Specialized against Fuji's distributor that convinced them to license the
>> mark. (Remember, it's the Fuji distributor that owns the US federal
>> registration). For example, maybe the distributor also distributes many
>> Specialized parts and accessories in one or more geographies. Or maybe
>> there was a patent cross license that was up for renegotiation. Who knows?
>> It could be any one or a combination of many legal and business reasons.
>>
>> If anyone has some nonconfidential information as to why Fuji entered
>> into the license agreement it would be interesting to know. In many ways
>> it's the huge elephant in the living room.
>>
>>
>>
>>
>>
>>
>>
>> On Monday, December 9, 2013 10:47 PM, Justin Watkins <
>> orgsxrracer@hotmail.com> wrote:
>>
>> http://www.bicycleretailer.com/north-america/2013/12/09/asi-says-calgary-bike-shop-can-use-roubaix-name?utm_source=twitterfeed&utm_medium=twitter#.Uqa1QOJF63Z
>>
>> ------------------------------
>> From: cyclist.4.life69@gmail.com
>> Date: Mon, 9 Dec 2013 20:13:29 -0800
>> To: joec@aracnet.com
>> CC: obra@list.obra.org
>> Subject: Re: [OBRA Chat] Specialized Bikes Suck
>>
>> For those who haven't heard yet apparently ASI is getting on specialized
>> for even registering roubaix in canada because it breaches the trademark
>> agreement that the two companies had together or some shit like that.
>> Hopefully this whole debacle has come to an end!! But I guess we still need
>> to see how specialized reaponds to this accusation...
>>
>> On Dec 9, 2013, at 7:40 PM, joec@aracnet.com wrote:
>>
>> You marklars have your marklar up your marklar. Kiss my marklar!
>> On 2013-12-09 15:14, Adrian Richardson wrote:
>>
>> I would so ride a Gallant Roubaix..
>>
>>
>> On Sat, Dec 7, 2013 at 11:13 PM, Erik Long wrote:
>>
>> Well, *that's* fortunate. I Roubaixed myself a Gallant Roubaixso that I could Roubaix the Gallant
>> Roubaix into the Gallant Obra calendar's
>> Roubaix in the grand traditional rides that honor Roubaix's Roubaixness.
>>
>> You heard me. It'll even be laterally stiff, yet vertically affordable.
>>
>> SINYARD . . . HAVE . . . MERCY!!!!
>>
>> Gallant, you can join the movement as soon as you email a photo of
>> yourself in one ladies's small Cafe Roubaix T-shirt.
>>
>> That is all.
>>
>>
>> ------------------------------
>> Date: Sat, 7 Dec 2013 21:47:37 -0900
>>
>> Subject: RE: [OBRA Chat] Specialized Bikes Suck
>> From: brendongallant@gmail.com
>> To: elongride@hotmail.com
>> CC: obra@list.obra.org
>>
>> I don't own the trademark on my name so it's fair game.
>> Boy, you sure got me...
>> Sent from mobile
>> On Dec 7, 2013 9:41 PM, "Erik Long" wrote:
>>
>> We could all benefit from this lesson. Let's all be awesome like
>> Brendon.
>>
>> I'm doing my own "due diligence" right now. I can't find a single
>> cycling team called "Awesomely Gallant". Your stickers will arrive with
>> your updated Obra License this Spring.
>>
>> Can I get a throw down to fund the jerseys?
>>
>> ------------------------------
>> Date: Sat, 7 Dec 2013 21:27:48 -0900
>> Subject: RE: [OBRA Chat] Specialized Bikes Suck
>> From: brendongallant@gmail.com
>> To: elongride@hotmail.com
>> CC: obra@list.obra.org
>>
>> Not looking to make friends.
>> My original post stands, had this guy done his due diligence before
>> investing his life savings this could have been easily avoided.
>> As already stated, change the name, keep the publicity and move on.
>> Sent from mobile
>> On Dec 7, 2013 3:44 PM, "Erik Long" wrote:
>>
>> Victim blaming will make you no friends, Brendon. Specialized sucks
>> because they're arrogant bullies.
>>
>> bul·ly 1 (bl)*: *To force one's way aggressively or by intimidation
>>
>> The people at Specialized have decided that they alone are entitled to
>> the use of the word "Roubaix" - the name of a city in a country on the
>> other side of the world where they don't have a factory, employees, or any
>> real claim whatsoever. Its a place that existed long before Mike Sinyard
>> squirted out of his father's wang, and it'll still be there someday when
>> Specialized is finally sold off in chunks. You don't get to sue someone
>> for naming a business after a city that you also like.
>>
>> If I sued Surly for using my last name to market their Long Haul Trucker,
>> I'd lose. Specialized loses lawsuits like this one, too. The Idea isn't
>> to win outright, it's to intimidate and/or drain a person or business of
>> their financial resources until they just can't fight anymore, even if
>> they'd eventually win in court.
>>
>> They'll pick on anyone without the resources to fight back, and they do
>> something like this every year or two. You'd think they'd have learned
>> something from the Volagi bitch-slap. They'll keep selling bikes because
>> people all over the world let their ego overrun their conscience. I can
>> respect most bike manufacturers, but the industry would be much better off
>> without the blatantly malicious, dishonest bully that is Specialized.
>>
>>
>> ------------------------------
>> Date: Sat, 7 Dec 2013 07:44:16 -0900
>> From: brendongallant@gmail.com
>> To: skbugco@gmail.com
>> CC: obra@list.obra.org
>> Subject: Re: [OBRA Chat] Specialized Bikes Suck
>>
>> Specialized sucks because that guy couldn't do his due diligence before
>> opening his wheel brand and shop?
>> You don't make much sense to me.
>> Sent from mobile
>> On Dec 7, 2013 7:39 AM, "Don Joling" wrote:
>>
>> The owner of this little shop in Canada is a friend of mine. Read the
>> article, spread the word.
>>
>> http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>>
>> Thanks,
>> -don
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>>
>> _______________________________________________ OBRA mailing list
>> obra@list.obra.org http://list.obra.org/mailman/listinfo/obraUnsubscribe:
>> obra-unsubscribe@list.obra.org
>>
>>
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>>
>> _______________________________________________
>> OBRA mailing listobra@list.obra.orghttp://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>>
>>
>>
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>>
>> _______________________________________________ OBRA mailing list
>> obra@list.obra.org http://list.obra.org/mailman/listinfo/obraUnsubscribe:
>> obra-unsubscribe@list.obra.org
>>
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>>
>>
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>


Benjamin Drucker

2013-12-10

Reverse boycott: http://www.caferoubaix.ca/on-line-store.php

(full disclosure: i have a Stumpjumper)

On Mon, Dec 9, 2013 at 10:46 PM, Justin Watkins wrote:

>
> http://www.bicycleretailer.com/north-america/2013/12/09/asi-says-calgary-bike-shop-can-use-roubaix-name?utm_source=twitterfeed&utm_medium=twitter#.Uqa1QOJF63Z
>
> ------------------------------
> From: cyclist.4.life69@gmail.com
> Date: Mon, 9 Dec 2013 20:13:29 -0800
> To: joec@aracnet.com
> CC: obra@list.obra.org
> Subject: Re: [OBRA Chat] Specialized Bikes Suck
>
> For those who haven't heard yet apparently ASI is getting on specialized
> for even registering roubaix in canada because it breaches the trademark
> agreement that the two companies had together or some shit like that.
> Hopefully this whole debacle has come to an end!! But I guess we still need
> to see how specialized reaponds to this accusation...
>
> On Dec 9, 2013, at 7:40 PM, joec@aracnet.com wrote:
>
> You marklars have your marklar up your marklar. Kiss my marklar!
> On 2013-12-09 15:14, Adrian Richardson wrote:
>
> I would so ride a Gallant Roubaix..
>
>
> On Sat, Dec 7, 2013 at 11:13 PM, Erik Long wrote:
>
> Well, *that's* fortunate. I Roubaixed myself a Gallant Roubaixso that I could Roubaix the Gallant
> Roubaix into the Gallant Obra calendar's
> Roubaix in the grand traditional rides that honor Roubaix's Roubaixness.
>
> You heard me. It'll even be laterally stiff, yet vertically affordable.
>
> SINYARD . . . HAVE . . . MERCY!!!!
>
> Gallant, you can join the movement as soon as you email a photo of
> yourself in one ladies's small Cafe Roubaix T-shirt.
>
> That is all.
>
>
> ------------------------------
> Date: Sat, 7 Dec 2013 21:47:37 -0900
>
> Subject: RE: [OBRA Chat] Specialized Bikes Suck
> From: brendongallant@gmail.com
> To: elongride@hotmail.com
> CC: obra@list.obra.org
>
> I don't own the trademark on my name so it's fair game.
>
> Boy, you sure got me...
>
> Sent from mobile
> On Dec 7, 2013 9:41 PM, "Erik Long" wrote:
>
> We could all benefit from this lesson. Let's all be awesome like
> Brendon.
>
> I'm doing my own "due diligence" right now. I can't find a single cycling
> team called "Awesomely Gallant". Your stickers will arrive with your
> updated Obra License this Spring.
>
> Can I get a throw down to fund the jerseys?
>
> ------------------------------
> Date: Sat, 7 Dec 2013 21:27:48 -0900
> Subject: RE: [OBRA Chat] Specialized Bikes Suck
> From: brendongallant@gmail.com
> To: elongride@hotmail.com
> CC: obra@list.obra.org
>
> Not looking to make friends.
>
> My original post stands, had this guy done his due diligence before
> investing his life savings this could have been easily avoided.
>
> As already stated, change the name, keep the publicity and move on.
>
> Sent from mobile
> On Dec 7, 2013 3:44 PM, "Erik Long" wrote:
>
> Victim blaming will make you no friends, Brendon. Specialized sucks
> because they're arrogant bullies.
>
> bul·ly 1 (bl)*: *To force one's way aggressively or by intimidation
>
> The people at Specialized have decided that they alone are entitled to the
> use of the word "Roubaix" - the name of a city in a country on the other
> side of the world where they don't have a factory, employees, or any real
> claim whatsoever. Its a place that existed long before Mike Sinyard
> squirted out of his father's wang, and it'll still be there someday when
> Specialized is finally sold off in chunks. You don't get to sue someone
> for naming a business after a city that you also like.
>
> If I sued Surly for using my last name to market their Long Haul Trucker,
> I'd lose. Specialized loses lawsuits like this one, too. The Idea isn't
> to win outright, it's to intimidate and/or drain a person or business of
> their financial resources until they just can't fight anymore, even if
> they'd eventually win in court.
>
> They'll pick on anyone without the resources to fight back, and they do
> something like this every year or two. You'd think they'd have learned
> something from the Volagi bitch-slap. They'll keep selling bikes because
> people all over the world let their ego overrun their conscience. I can
> respect most bike manufacturers, but the industry would be much better off
> without the blatantly malicious, dishonest bully that is Specialized.
>
>
> ------------------------------
> Date: Sat, 7 Dec 2013 07:44:16 -0900
> From: brendongallant@gmail.com
> To: skbugco@gmail.com
> CC: obra@list.obra.org
> Subject: Re: [OBRA Chat] Specialized Bikes Suck
>
> Specialized sucks because that guy couldn't do his due diligence before
> opening his wheel brand and shop?
>
> You don't make much sense to me.
>
> Sent from mobile
> On Dec 7, 2013 7:39 AM, "Don Joling" wrote:
>
> The owner of this little shop in Canada is a friend of mine. Read the
> article, spread the word.
>
> http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>
> Thanks,
> -don
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
> _______________________________________________ OBRA mailing list
> obra@list.obra.org http://list.obra.org/mailman/listinfo/obraUnsubscribe:
> obra-unsubscribe@list.obra.org
>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
> _______________________________________________
> OBRA mailing listobra@list.obra.orghttp://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
> _______________________________________________ OBRA mailing list
> obra@list.obra.org http://list.obra.org/mailman/listinfo/obraUnsubscribe:
> obra-unsubscribe@list.obra.org
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>


Robert Jackson

2013-12-10

Maybe I'm ignorant but can you explain why you call sinyard a douchebag?

Sent from mobile, please excuse typos and brevity.

On Dec 10, 2013, at 7:47 AM, craig austin wrote:

> I'm just speculating here too, but maybe Fuji just wasn't run by a Giant (tm), so they allowed Specialized to license it.
>
> Craig
>
>
> On Mon, Dec 9, 2013 at 11:41 PM, EAL wrote:
>> Justin, you do mention a rather intriguing aspect of this; that is the Fuji distributor had the federally registered trademark and yet, licensed it to Specialized. Why would they do that? I speculate (repeat speculate) as to reasons. My best guess so far is the following scenario:
>>
>> Fuji had the mark but Specialized failed to do it's due diligence when it launched the Roubaix line. (Why else would they launch the Roubaix line directly in the teeth of a federally registered mark that's squarely on point?) When Fuji contacted Specialized about misappropriation Specialized threatened litigation aimed at establishing that Fuji's mark was unenforceable for any number of reasons, (many of which could apply in the case of Mr. Richter, by the way , if he had the dollars to litigate). I also suspect there were important additional business reasons asserted by Specialized against Fuji's distributor that convinced them to license the mark. (Remember, it's the Fuji distributor that owns the US federal registration). For example, maybe the distributor also distributes many Specialized parts and accessories in one or more geographies. Or maybe there was a patent cross license that was up for renegotiation. Who knows? It could be any one or a combination of many legal and business reasons.
>>
>> If anyone has some nonconfidential information as to why Fuji entered into the license agreement it would be interesting to know. In many ways it's the huge elephant in the living room.
>>
>>
>>
>>
>>
>>
>>
>> On Monday, December 9, 2013 10:47 PM, Justin Watkins wrote:
>> http://www.bicycleretailer.com/north-america/2013/12/09/asi-says-calgary-bike-shop-can-use-roubaix-name?utm_source=twitterfeed&utm_medium=twitter#.Uqa1QOJF63Z
>>
>> From: cyclist.4.life69@gmail.com
>> Date: Mon, 9 Dec 2013 20:13:29 -0800
>> To: joec@aracnet.com
>> CC: obra@list.obra.org
>> Subject: Re: [OBRA Chat] Specialized Bikes Suck
>>
>> For those who haven't heard yet apparently ASI is getting on specialized for even registering roubaix in canada because it breaches the trademark agreement that the two companies had together or some shit like that. Hopefully this whole debacle has come to an end!! But I guess we still need to see how specialized reaponds to this accusation...
>>
>> On Dec 9, 2013, at 7:40 PM, joec@aracnet.com wrote:
>>
>> You marklars have your marklar up your marklar. Kiss my marklar!
>> On 2013-12-09 15:14, Adrian Richardson wrote:
>> I would so ride a Gallant Roubaix..
>>
>>
>> On Sat, Dec 7, 2013 at 11:13 PM, Erik Long wrote:
>> Well, that's fortunate. I Roubaixed myself a Gallant Roubaix so that I could Roubaix the Gallant Roubaix into the Gallant Obra calendar's Roubaix in the grand traditional rides that honor Roubaix's Roubaixness.
>>
>> You heard me. It'll even be laterally stiff, yet vertically affordable.
>>
>> SINYARD . . . HAVE . . . MERCY!!!!
>>
>> Gallant, you can join the movement as soon as you email a photo of yourself in one ladies's small Cafe Roubaix T-shirt.
>>
>> That is all.
>>
>>
>> Date: Sat, 7 Dec 2013 21:47:37 -0900
>>
>> Subject: RE: [OBRA Chat] Specialized Bikes Suck
>> From: brendongallant@gmail.com
>> To: elongride@hotmail.com
>> CC: obra@list.obra.org
>>
>> I don't own the trademark on my name so it's fair game.
>> Boy, you sure got me...
>> Sent from mobile
>> On Dec 7, 2013 9:41 PM, "Erik Long" wrote:
>> We could all benefit from this lesson. Let's all be awesome like Brendon.
>>
>> I'm doing my own "due diligence" right now. I can't find a single cycling team called "Awesomely Gallant". Your stickers will arrive with your updated Obra License this Spring.
>>
>> Can I get a throw down to fund the jerseys?
>>
>> Date: Sat, 7 Dec 2013 21:27:48 -0900
>> Subject: RE: [OBRA Chat] Specialized Bikes Suck
>> From: brendongallant@gmail.com
>> To: elongride@hotmail.com
>> CC: obra@list.obra.org
>>
>> Not looking to make friends.
>> My original post stands, had this guy done his due diligence before investing his life savings this could have been easily avoided.
>> As already stated, change the name, keep the publicity and move on.
>> Sent from mobile
>> On Dec 7, 2013 3:44 PM, "Erik Long" wrote:
>> Victim blaming will make you no friends, Brendon. Specialized sucks because they're arrogant bullies.
>>
>> bul·ly 1 (bl): To force one's way aggressively or by intimidation
>>
>> The people at Specialized have decided that they alone are entitled to the use of the word "Roubaix" - the name of a city in a country on the other side of the world where they don't have a factory, employees, or any real claim whatsoever. Its a place that existed long before Mike Sinyard squirted out of his father's wang, and it'll still be there someday when Specialized is finally sold off in chunks. You don't get to sue someone for naming a business after a city that you also like.
>>
>> If I sued Surly for using my last name to market their Long Haul Trucker, I'd lose. Specialized loses lawsuits like this one, too. The Idea isn't to win outright, it's to intimidate and/or drain a person or business of their financial resources until they just can't fight anymore, even if they'd eventually win in court.
>>
>> They'll pick on anyone without the resources to fight back, and they do something like this every year or two. You'd think they'd have learned something from the Volagi bitch-slap. They'll keep selling bikes because people all over the world let their ego overrun their conscience. I can respect most bike manufacturers, but the industry would be much better off without the blatantly malicious, dishonest bully that is Specialized.
>>
>>
>> Date: Sat, 7 Dec 2013 07:44:16 -0900
>> From: brendongallant@gmail.com
>> To: skbugco@gmail.com
>> CC: obra@list.obra.org
>> Subject: Re: [OBRA Chat] Specialized Bikes Suck
>>
>> Specialized sucks because that guy couldn't do his due diligence before opening his wheel brand and shop?
>> You don't make much sense to me.
>> Sent from mobile
>> On Dec 7, 2013 7:39 AM, "Don Joling" wrote:
>> The owner of this little shop in Canada is a friend of mine. Read the article, spread the word.
>> http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>>
>> Thanks,
>> -don
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>> _______________________________________________ OBRA mailing list obra@list.obra.org http://list.obra.org/mailman/listinfo/obra Unsubscribe: obra-unsubscribe@list.obra.org
>>
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>>
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>>
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>> _______________________________________________ OBRA mailing list obra@list.obra.org http://list.obra.org/mailman/listinfo/obra Unsubscribe: obra-unsubscribe@list.obra.org
>>
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>>
>>
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org


craig austin

2013-12-10

I'm just speculating here too, but maybe Fuji just wasn't run by a Giant
(tm) douchebag, so they allowed Specialized to license it.

Craig

On Mon, Dec 9, 2013 at 11:41 PM, EAL wrote:

> Justin, you do mention a rather intriguing aspect of this; that is the
> Fuji distributor had the federally registered trademark and yet, licensed
> it to Specialized. Why would they do that? I speculate (repeat
> speculate) as to reasons. My best guess so far is the following scenario:
>
> Fuji had the mark but Specialized failed to do it's due diligence when it
> launched the Roubaix line. (Why else would they launch the Roubaix line
> directly in the teeth of a federally registered mark that's squarely on
> point?) When Fuji contacted Specialized about misappropriation Specialized
> threatened litigation aimed at establishing that Fuji's mark was
> unenforceable for any number of reasons, (many of which could apply in the
> case of Mr. Richter, by the way , if he had the dollars to litigate). I
> also suspect there were important additional business reasons asserted by
> Specialized against Fuji's distributor that convinced them to license the
> mark. (Remember, it's the Fuji distributor that owns the US federal
> registration). For example, maybe the distributor also distributes many
> Specialized parts and accessories in one or more geographies. Or maybe
> there was a patent cross license that was up for renegotiation. Who knows?
> It could be any one or a combination of many legal and business reasons.
>
> If anyone has some nonconfidential information as to why Fuji entered into
> the license agreement it would be interesting to know. In many ways it's
> the huge elephant in the living room.
>
>
>
>
>
>
>
> On Monday, December 9, 2013 10:47 PM, Justin Watkins <
> orgsxrracer@hotmail.com> wrote:
>
> http://www.bicycleretailer.com/north-america/2013/12/09/asi-says-calgary-bike-shop-can-use-roubaix-name?utm_source=twitterfeed&utm_medium=twitter#.Uqa1QOJF63Z
>
> ------------------------------
> From: cyclist.4.life69@gmail.com
> Date: Mon, 9 Dec 2013 20:13:29 -0800
> To: joec@aracnet.com
> CC: obra@list.obra.org
> Subject: Re: [OBRA Chat] Specialized Bikes Suck
>
> For those who haven't heard yet apparently ASI is getting on specialized
> for even registering roubaix in canada because it breaches the trademark
> agreement that the two companies had together or some shit like that.
> Hopefully this whole debacle has come to an end!! But I guess we still need
> to see how specialized reaponds to this accusation...
>
> On Dec 9, 2013, at 7:40 PM, joec@aracnet.com wrote:
>
> You marklars have your marklar up your marklar. Kiss my marklar!
> On 2013-12-09 15:14, Adrian Richardson wrote:
>
> I would so ride a Gallant Roubaix..
>
>
> On Sat, Dec 7, 2013 at 11:13 PM, Erik Long wrote:
>
> Well, *that's* fortunate. I Roubaixed myself a Gallant Roubaixso that I could Roubaix the Gallant
> Roubaix into the Gallant Obra calendar's
> Roubaix in the grand traditional rides that honor Roubaix's Roubaixness.
>
> You heard me. It'll even be laterally stiff, yet vertically affordable.
>
> SINYARD . . . HAVE . . . MERCY!!!!
>
> Gallant, you can join the movement as soon as you email a photo of
> yourself in one ladies's small Cafe Roubaix T-shirt.
>
> That is all.
>
>
> ------------------------------
> Date: Sat, 7 Dec 2013 21:47:37 -0900
>
> Subject: RE: [OBRA Chat] Specialized Bikes Suck
> From: brendongallant@gmail.com
> To: elongride@hotmail.com
> CC: obra@list.obra.org
>
> I don't own the trademark on my name so it's fair game.
> Boy, you sure got me...
> Sent from mobile
> On Dec 7, 2013 9:41 PM, "Erik Long" wrote:
>
> We could all benefit from this lesson. Let's all be awesome like
> Brendon.
>
> I'm doing my own "due diligence" right now. I can't find a single cycling
> team called "Awesomely Gallant". Your stickers will arrive with your
> updated Obra License this Spring.
>
> Can I get a throw down to fund the jerseys?
>
> ------------------------------
> Date: Sat, 7 Dec 2013 21:27:48 -0900
> Subject: RE: [OBRA Chat] Specialized Bikes Suck
> From: brendongallant@gmail.com
> To: elongride@hotmail.com
> CC: obra@list.obra.org
>
> Not looking to make friends.
> My original post stands, had this guy done his due diligence before
> investing his life savings this could have been easily avoided.
> As already stated, change the name, keep the publicity and move on.
> Sent from mobile
> On Dec 7, 2013 3:44 PM, "Erik Long" wrote:
>
> Victim blaming will make you no friends, Brendon. Specialized sucks
> because they're arrogant bullies.
>
> bul·ly 1 (bl)*: *To force one's way aggressively or by intimidation
>
> The people at Specialized have decided that they alone are entitled to the
> use of the word "Roubaix" - the name of a city in a country on the other
> side of the world where they don't have a factory, employees, or any real
> claim whatsoever. Its a place that existed long before Mike Sinyard
> squirted out of his father's wang, and it'll still be there someday when
> Specialized is finally sold off in chunks. You don't get to sue someone
> for naming a business after a city that you also like.
>
> If I sued Surly for using my last name to market their Long Haul Trucker,
> I'd lose. Specialized loses lawsuits like this one, too. The Idea isn't
> to win outright, it's to intimidate and/or drain a person or business of
> their financial resources until they just can't fight anymore, even if
> they'd eventually win in court.
>
> They'll pick on anyone without the resources to fight back, and they do
> something like this every year or two. You'd think they'd have learned
> something from the Volagi bitch-slap. They'll keep selling bikes because
> people all over the world let their ego overrun their conscience. I can
> respect most bike manufacturers, but the industry would be much better off
> without the blatantly malicious, dishonest bully that is Specialized.
>
>
> ------------------------------
> Date: Sat, 7 Dec 2013 07:44:16 -0900
> From: brendongallant@gmail.com
> To: skbugco@gmail.com
> CC: obra@list.obra.org
> Subject: Re: [OBRA Chat] Specialized Bikes Suck
>
> Specialized sucks because that guy couldn't do his due diligence before
> opening his wheel brand and shop?
> You don't make much sense to me.
> Sent from mobile
> On Dec 7, 2013 7:39 AM, "Don Joling" wrote:
>
> The owner of this little shop in Canada is a friend of mine. Read the
> article, spread the word.
>
> http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>
> Thanks,
> -don
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
> _______________________________________________ OBRA mailing list
> obra@list.obra.org http://list.obra.org/mailman/listinfo/obraUnsubscribe:
> obra-unsubscribe@list.obra.org
>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
> _______________________________________________
> OBRA mailing listobra@list.obra.orghttp://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
> _______________________________________________ OBRA mailing list
> obra@list.obra.org http://list.obra.org/mailman/listinfo/obraUnsubscribe:
> obra-unsubscribe@list.obra.org
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>


Justin, you do mention a rather intriguing aspect of this; that is the Fuji distributor had the federally registered trademark and yet, licensed it to Specialized.  Why would they do that?   I speculate (repeat speculate) as to reasons.  My best guess so far is the following scenario:

Fuji had the mark but Specialized failed to do it's due diligence when it launched the Roubaix line. (Why else would they launch the Roubaix line directly in the teeth of a federally registered mark that's squarely on point?) When Fuji contacted Specialized about misappropriation Specialized threatened litigation aimed at establishing that Fuji's mark was unenforceable for any number of reasons, (many of which could apply in the case of Mr. Richter, by the way , if he had the dollars to litigate).   I also suspect there were important additional business reasons asserted by Specialized against Fuji's distributor that convinced them to license the mark.  (Remember, it's the Fuji distributor that owns the US federal registration).  For example, maybe the distributor also distributes many Specialized parts and accessories in one or more geographies.  Or maybe there was a patent cross license that was up for renegotiation. Who knows?   It could be any
one or a combination of many legal and business reasons. 

If anyone has some nonconfidential information as to why Fuji entered into the license agreement it would be interesting to know.  In many ways it's the  huge elephant in the living room.

On Monday, December 9, 2013 10:47 PM, Justin Watkins wrote:

http://www.bicycleretailer.com/north-america/2013/12/09/asi-says-calgary-bike-shop-can-use-roubaix-name?utm_source=twitterfeed&utm_medium=twitter#.Uqa1QOJF63Z

________________________________
From: cyclist.4.life69@gmail.com
Date: Mon, 9 Dec 2013 20:13:29 -0800
To: joec@aracnet.com
CC: obra@list.obra.org
Subject: Re: [OBRA Chat] Specialized Bikes Suck

For those who haven't heard yet apparently ASI is getting on specialized for even registering roubaix in canada because it breaches the trademark agreement that the two companies had together or some shit like that. Hopefully this whole debacle has come to an end!! But I guess we still need to see how specialized reaponds to this accusation...

On Dec 9, 2013, at 7:40 PM, joec@aracnet.com wrote:

You marklars have your marklar up your marklar. Kiss my marklar!
>On 2013-12-09 15:14, Adrian Richardson wrote:
>
>I would so ride a Gallant Roubaix..
>>
>>
>>
>>On Sat, Dec 7, 2013 at 11:13 PM, Erik Long wrote:
>>
>>Well, that's fortunate.  I Roubaixed myself a Gallant Roubaix so that I could Roubaix the Gallant Roubaix into the Gallant Obra calendar's Roubaix in the grand traditional rides that honor Roubaix's Roubaixness.
>>>
>>>You heard me.  It'll even be laterally stiff, yet vertically affordable. 
>>>
>>>SINYARD . . . HAVE . . . MERCY!!!!
>>>
>>>Gallant, you can join the movement as soon as you email a photo of yourself in one ladies's small Cafe Roubaix T-shirt.
>>>
>>>That is all.
>>>
>>>
>>>
>>>
>>>________________________________
>>>Date: Sat, 7 Dec 2013 21:47:37 -0900
>>>
>>>Subject: RE: [OBRA Chat] Specialized Bikes Suck
>>>From: brendongallant@gmail.com
>>>To: elongride@hotmail.com
>>>CC: obra@list.obra.org
>>>
>>>
>>>I don't own the trademark on my name so it's fair game.
>>>Boy, you sure got me...
>>>Sent from mobile
>>>On Dec 7, 2013 9:41 PM, "Erik Long" wrote:
>>>
>>>We could all benefit from this lesson.  Let's all be awesome like Brendon. 
>>>>
>>>>I'm doing my own "due diligence" right now.  I can't find a single cycling team called "Awesomely Gallant".  Your stickers will arrive with your updated Obra License this Spring.
>>>>
>>>>Can I get a throw down to fund the jerseys?
>>>>
>>>>
>>>>
>>>>________________________________
>>>>Date: Sat, 7 Dec 2013 21:27:48 -0900
>>>>Subject: RE: [OBRA Chat] Specialized Bikes Suck
>>>>From: brendongallant@gmail.com
>>>>To: elongride@hotmail.com
>>>>CC: obra@list.obra.org
>>>>
>>>>
>>>>Not looking to make friends.
>>>>My original post stands, had this guy done his due diligence before investing his life savings this could have been easily avoided.
>>>>As already stated, change the name, keep the publicity and move on.
>>>>Sent from mobile
>>>>On Dec 7, 2013 3:44 PM, "Erik Long" wrote:
>>>>
>>>>Victim blaming will make you no friends, Brendon.  Specialized sucks because they're arrogant bullies. 
>>>>>
>>>>>bul·ly 1  (bl): To force one's way aggressively or by intimidation
>>>>>
>>>>>The people at Specialized have decided that they alone are entitled to the use of the word "Roubaix" - the name of a city in a country on the other side of the world where they don't have a factory, employees, or any real claim whatsoever.  Its a place that existed long before Mike Sinyard squirted out of his father's wang, and it'll still be there someday when Specialized is finally sold off in chunks.  You don't get to sue someone for naming a business after a city that you also like.
>>>>>
>>>>>If I sued Surly for using my last name to market their Long Haul Trucker, I'd lose.  Specialized loses lawsuits like this one, too.  The Idea isn't to win outright, it's to intimidate and/or drain a person or business of their financial resources until they just can't fight anymore, even if they'd eventually win in court. 
>>>>>
>>>>>They'll pick on anyone without the resources to fight back, and they do something like this every year or two.  You'd think they'd have learned something from the Volagi bitch-slap.  They'll keep selling bikes because people all over the world let their ego overrun their conscience.  I can respect most bike manufacturers, but the industry would be much better off without the blatantly malicious, dishonest bully that is Specialized.
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>________________________________
>>>>>Date: Sat, 7 Dec 2013 07:44:16 -0900
>>>>>From: brendongallant@gmail.com
>>>>>To: skbugco@gmail.com
>>>>>CC: obra@list.obra.org
>>>>>Subject: Re: [OBRA Chat] Specialized Bikes Suck
>>>>>
>>>>>
>>>>>Specialized sucks because that guy couldn't do his due diligence before opening his wheel brand and shop?
>>>>>You don't make much sense to me.
>>>>>Sent from mobile
>>>>>On Dec 7, 2013 7:39 AM, "Don Joling" wrote:
>>>>>
>>>>>The owner of this little shop in Canada is a friend of mine. Read the article, spread the word.
>>>>>>http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>>>>>>
>>>>>>Thanks,
>>>>>>-don
>>>>>>_______________________________________________
>>>>>>OBRA mailing list
>>>>>>obra@list.obra.org
>>>>>>http://list.obra.org/mailman/listinfo/obra
>>>>>>Unsubscribe: obra-unsubscribe@list.obra.org
>>>>>_______________________________________________ OBRA mailing list obra@list.obra.org http://list.obra.org/mailman/listinfo/obra Unsubscribe: obra-unsubscribe@list.obra.org
>>>_______________________________________________
>>>OBRA mailing list
>>>obra@list.obra.org
>>>http://list.obra.org/mailman/listinfo/obra
>>>Unsubscribe: obra-unsubscribe@list.obra.org
>>>
>>>
>>
>>_______________________________________________
OBRA mailing list obra@list.obra.org http://list.obra.org/mailman/listinfo/obra Unsubscribe: obra-unsubscribe@list.obra.org
 
>

_______________________________________________
>OBRA mailing list
>obra@list.obra.org
>http://list.obra.org/mailman/listinfo/obra
>Unsubscribe: obra-unsubscribe@list.obra.org
>
_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org


craig austin

2013-12-10

Kinda makes me want to buy a Fuji, or a Breezer.

Craig

On Mon, Dec 9, 2013 at 10:46 PM, Justin Watkins wrote:

>
> http://www.bicycleretailer.com/north-america/2013/12/09/asi-says-calgary-bike-shop-can-use-roubaix-name?utm_source=twitterfeed&utm_medium=twitter#.Uqa1QOJF63Z
>
> ------------------------------
> From: cyclist.4.life69@gmail.com
> Date: Mon, 9 Dec 2013 20:13:29 -0800
> To: joec@aracnet.com
>
> CC: obra@list.obra.org
> Subject: Re: [OBRA Chat] Specialized Bikes Suck
>
> For those who haven't heard yet apparently ASI is getting on specialized
> for even registering roubaix in canada because it breaches the trademark
> agreement that the two companies had together or some shit like that.
> Hopefully this whole debacle has come to an end!! But I guess we still need
> to see how specialized reaponds to this accusation...
>
> On Dec 9, 2013, at 7:40 PM, joec@aracnet.com wrote:
>
> You marklars have your marklar up your marklar. Kiss my marklar!
> On 2013-12-09 15:14, Adrian Richardson wrote:
>
> I would so ride a Gallant Roubaix..
>
>
> On Sat, Dec 7, 2013 at 11:13 PM, Erik Long wrote:
>
> Well, *that's* fortunate. I Roubaixed myself a Gallant Roubaixso that I could Roubaix the Gallant
> Roubaix into the Gallant Obra calendar's
> Roubaix in the grand traditional rides that honor Roubaix's Roubaixness.
>
> You heard me. It'll even be laterally stiff, yet vertically affordable.
>
> SINYARD . . . HAVE . . . MERCY!!!!
>
> Gallant, you can join the movement as soon as you email a photo of
> yourself in one ladies's small Cafe Roubaix T-shirt.
>
> That is all.
>
>
> ------------------------------
> Date: Sat, 7 Dec 2013 21:47:37 -0900
>
> Subject: RE: [OBRA Chat] Specialized Bikes Suck
> From: brendongallant@gmail.com
> To: elongride@hotmail.com
> CC: obra@list.obra.org
>
> I don't own the trademark on my name so it's fair game.
>
> Boy, you sure got me...
>
> Sent from mobile
> On Dec 7, 2013 9:41 PM, "Erik Long" wrote:
>
> We could all benefit from this lesson. Let's all be awesome like
> Brendon.
>
> I'm doing my own "due diligence" right now. I can't find a single cycling
> team called "Awesomely Gallant". Your stickers will arrive with your
> updated Obra License this Spring.
>
> Can I get a throw down to fund the jerseys?
>
> ------------------------------
> Date: Sat, 7 Dec 2013 21:27:48 -0900
> Subject: RE: [OBRA Chat] Specialized Bikes Suck
> From: brendongallant@gmail.com
> To: elongride@hotmail.com
> CC: obra@list.obra.org
>
> Not looking to make friends.
>
> My original post stands, had this guy done his due diligence before
> investing his life savings this could have been easily avoided.
>
> As already stated, change the name, keep the publicity and move on.
>
> Sent from mobile
> On Dec 7, 2013 3:44 PM, "Erik Long" wrote:
>
> Victim blaming will make you no friends, Brendon. Specialized sucks
> because they're arrogant bullies.
>
> bul·ly 1 (bl)*: *To force one's way aggressively or by intimidation
>
> The people at Specialized have decided that they alone are entitled to the
> use of the word "Roubaix" - the name of a city in a country on the other
> side of the world where they don't have a factory, employees, or any real
> claim whatsoever. Its a place that existed long before Mike Sinyard
> squirted out of his father's wang, and it'll still be there someday when
> Specialized is finally sold off in chunks. You don't get to sue someone
> for naming a business after a city that you also like.
>
> If I sued Surly for using my last name to market their Long Haul Trucker,
> I'd lose. Specialized loses lawsuits like this one, too. The Idea isn't
> to win outright, it's to intimidate and/or drain a person or business of
> their financial resources until they just can't fight anymore, even if
> they'd eventually win in court.
>
> They'll pick on anyone without the resources to fight back, and they do
> something like this every year or two. You'd think they'd have learned
> something from the Volagi bitch-slap. They'll keep selling bikes because
> people all over the world let their ego overrun their conscience. I can
> respect most bike manufacturers, but the industry would be much better off
> without the blatantly malicious, dishonest bully that is Specialized.
>
>
> ------------------------------
> Date: Sat, 7 Dec 2013 07:44:16 -0900
> From: brendongallant@gmail.com
> To: skbugco@gmail.com
> CC: obra@list.obra.org
> Subject: Re: [OBRA Chat] Specialized Bikes Suck
>
> Specialized sucks because that guy couldn't do his due diligence before
> opening his wheel brand and shop?
>
> You don't make much sense to me.
>
> Sent from mobile
> On Dec 7, 2013 7:39 AM, "Don Joling" wrote:
>
> The owner of this little shop in Canada is a friend of mine. Read the
> article, spread the word.
>
> http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>
> Thanks,
> -don
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
> _______________________________________________ OBRA mailing list
> obra@list.obra.org http://list.obra.org/mailman/listinfo/obraUnsubscribe:
> obra-unsubscribe@list.obra.org
>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
> _______________________________________________
> OBRA mailing listobra@list.obra.orghttp://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
> _______________________________________________ OBRA mailing list
> obra@list.obra.org http://list.obra.org/mailman/listinfo/obraUnsubscribe:
> obra-unsubscribe@list.obra.org
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>


Justin Watkins

2013-12-10

http://www.bicycleretailer.com/north-america/2013/12/09/asi-says-calgary-bike-shop-can-use-roubaix-name?utm_source=twitterfeed&utm_medium=twitter#.Uqa1QOJF63Z

From: cyclist.4.life69@gmail.com
Date: Mon, 9 Dec 2013 20:13:29 -0800
To: joec@aracnet.com
CC: obra@list.obra.org
Subject: Re: [OBRA Chat] Specialized Bikes Suck

For those who haven't heard yet apparently ASI is getting on specialized for even registering roubaix in canada because it breaches the trademark agreement that the two companies had together or some shit like that. Hopefully this whole debacle has come to an end!! But I guess we still need to see how specialized reaponds to this accusation...
On Dec 9, 2013, at 7:40 PM, joec@aracnet.com wrote:

You marklars have your marklar up your marklar. Kiss my marklar!

On 2013-12-09 15:14, Adrian Richardson wrote:

I would so ride a Gallant Roubaix..

On Sat, Dec 7, 2013 at 11:13 PM, Erik Long wrote:

Well, that's fortunate. I Roubaixed myself a Gallant Roubaix so that I could Roubaix the Gallant Roubaix into the Gallant Obra calendar's Roubaix in the grand traditional rides that honor Roubaix's Roubaixness.

You heard me. It'll even be laterally stiff, yet vertically affordable.

SINYARD . . . HAVE . . . MERCY!!!!

Gallant, you can join the movement as soon as you email a photo of yourself in one ladies's small Cafe Roubaix T-shirt.

That is all.

Date: Sat, 7 Dec 2013 21:47:37 -0900

Subject: RE: [OBRA Chat] Specialized Bikes Suck
From: brendongallant@gmail.com
To: elongride@hotmail.com
CC: obra@list.obra.org

I don't own the trademark on my name so it's fair game.
Boy, you sure got me...
Sent from mobile
On Dec 7, 2013 9:41 PM, "Erik Long" wrote:

We could all benefit from this lesson. Let's all be awesome like Brendon.

I'm doing my own "due diligence" right now. I can't find a single cycling team called "Awesomely Gallant". Your stickers will arrive with your updated Obra License this Spring.

Can I get a throw down to fund the jerseys?

Date: Sat, 7 Dec 2013 21:27:48 -0900
Subject: RE: [OBRA Chat] Specialized Bikes Suck
From: brendongallant@gmail.com
To: elongride@hotmail.com
CC: obra@list.obra.org

Not looking to make friends.
My original post stands, had this guy done his due diligence before investing his life savings this could have been easily avoided.
As already stated, change the name, keep the publicity and move on.
Sent from mobile
On Dec 7, 2013 3:44 PM, "Erik Long" wrote:

Victim blaming will make you no friends, Brendon. Specialized sucks because they're arrogant bullies.

bul·ly 1 (bl): To force one's way aggressively or by intimidation

The people at Specialized have decided that they alone are entitled to the use of the word "Roubaix" - the name of a city in a country on the other side of the world where they don't have a factory, employees, or any real claim whatsoever. Its a place that existed long before Mike Sinyard squirted out of his father's wang, and it'll still be there someday when Specialized is finally sold off in chunks. You don't get to sue someone for naming a business after a city that you also like.

If I sued Surly for using my last name to market their Long Haul Trucker, I'd lose. Specialized loses lawsuits like this one, too. The Idea isn't to win outright, it's to intimidate and/or drain a person or business of their financial resources until they just can't fight anymore, even if they'd eventually win in court.

They'll pick on anyone without the resources to fight back, and they do something like this every year or two. You'd think they'd have learned something from the Volagi bitch-slap. They'll keep selling bikes because people all over the world let their ego overrun their conscience. I can respect most bike manufacturers, but the industry would be much better off without the blatantly malicious, dishonest bully that is Specialized.

Date: Sat, 7 Dec 2013 07:44:16 -0900
From: brendongallant@gmail.com
To: skbugco@gmail.com
CC: obra@list.obra.org
Subject: Re: [OBRA Chat] Specialized Bikes Suck

Specialized sucks because that guy couldn't do his due diligence before opening his wheel brand and shop?
You don't make much sense to me.
Sent from mobile
On Dec 7, 2013 7:39 AM, "Don Joling" wrote:

The owner of this little shop in Canada is a friend of mine. Read the article, spread the word.
http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/

Thanks,
-don
_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org

_______________________________________________ OBRA mailing list obra@list.obra.org http://list.obra.org/mailman/listinfo/obra Unsubscribe: obra-unsubscribe@list.obra.org

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org


Cary Adams

2013-12-10

For those who haven't heard yet apparently ASI is getting on specialized for even registering roubaix in canada because it breaches the trademark agreement that the two companies had together or some shit like that. Hopefully this whole debacle has come to an end!! But I guess we still need to see how specialized reaponds to this accusation...

> On Dec 9, 2013, at 7:40 PM, joec@aracnet.com wrote:
>
> You marklars have your marklar up your marklar. Kiss my marklar!
>
>> On 2013-12-09 15:14, Adrian Richardson wrote:
>>
>> I would so ride a Gallant Roubaix..
>>
>>
>>> On Sat, Dec 7, 2013 at 11:13 PM, Erik Long wrote:
>>> Well, that's fortunate. I Roubaixed myself a Gallant Roubaix so that I could Roubaix the Gallant Roubaix into the Gallant Obra calendar's Roubaix in the grand traditional rides that honor Roubaix's Roubaixness.
>>>
>>> You heard me. It'll even be laterally stiff, yet vertically affordable.
>>>
>>> SINYARD . . . HAVE . . . MERCY!!!!
>>>
>>> Gallant, you can join the movement as soon as you email a photo of yourself in one ladies's small Cafe Roubaix T-shirt.
>>>
>>> That is all.
>>>
>>>
>>> Date: Sat, 7 Dec 2013 21:47:37 -0900
>>>
>>> Subject: RE: [OBRA Chat] Specialized Bikes Suck
>>> From: brendongallant@gmail.com
>>> To: elongride@hotmail.com
>>> CC: obra@list.obra.org
>>>
>>> I don't own the trademark on my name so it's fair game.
>>>
>>> Boy, you sure got me...
>>>
>>> Sent from mobile
>>>
>>> On Dec 7, 2013 9:41 PM, "Erik Long" wrote:
>>> We could all benefit from this lesson. Let's all be awesome like Brendon.
>>>
>>> I'm doing my own "due diligence" right now. I can't find a single cycling team called "Awesomely Gallant". Your stickers will arrive with your updated Obra License this Spring.
>>>
>>> Can I get a throw down to fund the jerseys?
>>>
>>> Date: Sat, 7 Dec 2013 21:27:48 -0900
>>> Subject: RE: [OBRA Chat] Specialized Bikes Suck
>>> From: brendongallant@gmail.com
>>> To: elongride@hotmail.com
>>> CC: obra@list.obra.org
>>>
>>> Not looking to make friends.
>>>
>>> My original post stands, had this guy done his due diligence before investing his life savings this could have been easily avoided.
>>>
>>> As already stated, change the name, keep the publicity and move on.
>>>
>>> Sent from mobile
>>>
>>> On Dec 7, 2013 3:44 PM, "Erik Long" wrote:
>>> Victim blaming will make you no friends, Brendon. Specialized sucks because they're arrogant bullies.
>>>
>>> bul·ly 1 (bl): To force one's way aggressively or by intimidation
>>>
>>> The people at Specialized have decided that they alone are entitled to the use of the word "Roubaix" - the name of a city in a country on the other side of the world where they don't have a factory, employees, or any real claim whatsoever. Its a place that existed long before Mike Sinyard squirted out of his father's wang, and it'll still be there someday when Specialized is finally sold off in chunks. You don't get to sue someone for naming a business after a city that you also like.
>>>
>>> If I sued Surly for using my last name to market their Long Haul Trucker, I'd lose. Specialized loses lawsuits like this one, too. The Idea isn't to win outright, it's to intimidate and/or drain a person or business of their financial resources until they just can't fight anymore, even if they'd eventually win in court.
>>>
>>> They'll pick on anyone without the resources to fight back, and they do something like this every year or two. You'd think they'd have learned something from the Volagi bitch-slap. They'll keep selling bikes because people all over the world let their ego overrun their conscience. I can respect most bike manufacturers, but the industry would be much better off without the blatantly malicious, dishonest bully that is Specialized.
>>>
>>>
>>> Date: Sat, 7 Dec 2013 07:44:16 -0900
>>> From: brendongallant@gmail.com
>>> To: skbugco@gmail.com
>>> CC: obra@list.obra.org
>>> Subject: Re: [OBRA Chat] Specialized Bikes Suck
>>>
>>> Specialized sucks because that guy couldn't do his due diligence before opening his wheel brand and shop?
>>>
>>> You don't make much sense to me.
>>>
>>> Sent from mobile
>>>
>>> On Dec 7, 2013 7:39 AM, "Don Joling" wrote:
>>> The owner of this little shop in Canada is a friend of mine. Read the article, spread the word.
>>> http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>>>
>>> Thanks,
>>> -don
>>> _______________________________________________
>>> OBRA mailing list
>>> obra@list.obra.org
>>> http://list.obra.org/mailman/listinfo/obra
>>> Unsubscribe: obra-unsubscribe@list.obra.org
>>>
>>> _______________________________________________ OBRA mailing list obra@list.obra.org http://list.obra.org/mailman/listinfo/obra Unsubscribe: obra-unsubscribe@list.obra.org
>>>
>>> _______________________________________________
>>> OBRA mailing list
>>> obra@list.obra.org
>>> http://list.obra.org/mailman/listinfo/obra
>>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org


joec@aracnet.com

2013-12-10

You marklars have your marklar up your marklar. Kiss my marklar!

On 2013-12-09 15:14, Adrian Richardson wrote:

> I would so ride a Gallant Roubaix..
>
> On Sat, Dec 7, 2013 at 11:13 PM, Erik Long wrote:
>
> Well, _that's_ fortunate. I Roubaixed myself a Gallant Roubaix [1] so that I could Roubaix the Gallant Roubaix [1] into the Gallant Obra calendar's Roubaix in the grand traditional rides that honor Roubaix's Roubaixness.
>
> You heard me. It'll even be laterally stiff, yet vertically affordable.
>
> SINYARD . . . HAVE . . . MERCY!!!!
>
> Gallant, you can join the movement as soon as you email a photo of yourself in one ladies's small Cafe Roubaix T-shirt.
>
> That is all.
>
> -------------------------
> Date: Sat, 7 Dec 2013 21:47:37 -0900
>
> Subject: RE: [OBRA Chat] Specialized Bikes Suck
> From: brendongallant@gmail.com
> To: elongride@hotmail.com
> CC: obra@list.obra.org
>
> I don't own the trademark on my name so it's fair game.
>
> Boy, you sure got me...
>
> Sent from mobile
> On Dec 7, 2013 9:41 PM, "Erik Long" wrote:
>
> We could all benefit from this lesson. Let's all be awesome like Brendon.
>
> I'm doing my own "due diligence" right now. I can't find a single cycling team called "Awesomely Gallant". Your stickers will arrive with your updated Obra License this Spring.
>
> Can I get a throw down to fund the jerseys?
>
> -------------------------
> Date: Sat, 7 Dec 2013 21:27:48 -0900
> Subject: RE: [OBRA Chat] Specialized Bikes Suck
> From: brendongallant@gmail.com
> To: elongride@hotmail.com
> CC: obra@list.obra.org
>
> Not looking to make friends.
>
> My original post stands, had this guy done his due diligence before investing his life savings this could have been easily avoided.
>
> As already stated, change the name, keep the publicity and move on.
>
> Sent from mobile
> On Dec 7, 2013 3:44 PM, "Erik Long" wrote:
>
> Victim blaming will make you no friends, Brendon. Specialized sucks because they're arrogant bullies.
>
> bul·ly 1 (bl): To force one's way aggressively or by intimidation
>
> The people at Specialized have decided that they alone are entitled to the use of the word "Roubaix" - the name of a city in a country on the other side of the world where they don't have a factory, employees, or any real claim whatsoever. Its a place that existed long before Mike Sinyard squirted out of his father's wang, and it'll still be there someday when Specialized is finally sold off in chunks. You don't get to sue someone for naming a business after a city that you also like.
>
> If I sued Surly for using my last name to market their Long Haul Trucker, I'd lose. Specialized loses lawsuits like this one, too. The Idea isn't to win outright, it's to intimidate and/or drain a person or business of their financial resources until they just can't fight anymore, even if they'd eventually win in court.
>
> They'll pick on anyone without the resources to fight back, and they do something like this every year or two. You'd think they'd have learned something from the Volagi bitch-slap. They'll keep selling bikes because people all over the world let their ego overrun their conscience. I can respect most bike manufacturers, but the industry would be much better off without the blatantly malicious, dishonest bully that is Specialized.
>
> -------------------------
> Date: Sat, 7 Dec 2013 07:44:16 -0900
> From: brendongallant@gmail.com
> To: skbugco@gmail.com
> CC: obra@list.obra.org
> Subject: Re: [OBRA Chat] Specialized Bikes Suck
>
> Specialized sucks because that guy couldn't do his due diligence before opening his wheel brand and shop?
>
> You don't make much sense to me.
>
> Sent from mobile
> On Dec 7, 2013 7:39 AM, "Don Joling" wrote:
> The owner of this little shop in Canada is a friend of mine. Read the article, spread the word.
> http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/ [2]
>
> Thanks,
> -don
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra [3]
> Unsubscribe: obra-unsubscribe@list.obra.org
> _______________________________________________ OBRA mailing list obra@list.obra.org http://list.obra.org/mailman/listinfo/obra [3] Unsubscribe: obra-unsubscribe@list.obra.org

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra [3]
Unsubscribe: obra-unsubscribe@list.obra.org

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra [3]
Unsubscribe: obra-unsubscribe@list.obra.org

Links:
------
[1] http://roubaixracing.com/
[2]
http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
[3] http://list.obra.org/mailman/listinfo/obra


Don Joling

2013-12-09


Attorney Charles Pelkey on Redkiteprayer said: "The US Patent and Trademark Office appears to be annoyed at [bullying] behaviour. In its 2011 report to the Joint Judiciary Committee of Congress on the subject, the agency defines 'trademark bullying' as 'The extent to which small businesses may be harmed by litigation tactics, the purpose of which is to enforce trademark rights beyond a reasonable interpretation of the scope of the rights granted to the trademark owner.'"

In its report, the Patent and Trademark Office said that many trademark owners "mistakenly believe that to preserve the strength of their mark they must object to every third-party use of the same or similar mark, no matter whether such uses may be fair uses or otherwise non-infringing. They may lose sight of the fact that the effectiveness of enforcement is not measured by how frequently they enforce, but rather by the effect that taking or failing to take action has in the marketplace. ���The real question is public perception of plaintiff���s mark, not a battle count of how often it has sued others.������


Adrian Richardson

2013-12-09

I would so ride a Gallant Roubaix..

On Sat, Dec 7, 2013 at 11:13 PM, Erik Long wrote:

> Well, *that's* fortunate. I Roubaixed myself a Gallant Roubaixso that I could Roubaix the Gallant
> Roubaix into the Gallant Obra calendar's
> Roubaix in the grand traditional rides that honor Roubaix's Roubaixness.
>
> You heard me. It'll even be laterally stiff, yet vertically affordable.
>
> SINYARD . . . HAVE . . . MERCY!!!!
>
> Gallant, you can join the movement as soon as you email a photo of
> yourself in one ladies's small Cafe Roubaix T-shirt.
>
> That is all.
>
>
> ------------------------------
> Date: Sat, 7 Dec 2013 21:47:37 -0900
>
> Subject: RE: [OBRA Chat] Specialized Bikes Suck
> From: brendongallant@gmail.com
> To: elongride@hotmail.com
> CC: obra@list.obra.org
>
> I don't own the trademark on my name so it's fair game.
>
> Boy, you sure got me...
>
> Sent from mobile
> On Dec 7, 2013 9:41 PM, "Erik Long" wrote:
>
> We could all benefit from this lesson. Let's all be awesome like
> Brendon.
>
> I'm doing my own "due diligence" right now. I can't find a single cycling
> team called "Awesomely Gallant". Your stickers will arrive with your
> updated Obra License this Spring.
>
> Can I get a throw down to fund the jerseys?
>
> ------------------------------
> Date: Sat, 7 Dec 2013 21:27:48 -0900
> Subject: RE: [OBRA Chat] Specialized Bikes Suck
> From: brendongallant@gmail.com
> To: elongride@hotmail.com
> CC: obra@list.obra.org
>
> Not looking to make friends.
>
> My original post stands, had this guy done his due diligence before
> investing his life savings this could have been easily avoided.
>
> As already stated, change the name, keep the publicity and move on.
>
> Sent from mobile
> On Dec 7, 2013 3:44 PM, "Erik Long" wrote:
>
> Victim blaming will make you no friends, Brendon. Specialized sucks
> because they're arrogant bullies.
>
> bul·ly 1 (bl)*: * To force one's way aggressively or by intimidation
>
> The people at Specialized have decided that they alone are entitled to the
> use of the word "Roubaix" - the name of a city in a country on the other
> side of the world where they don't have a factory, employees, or any real
> claim whatsoever. Its a place that existed long before Mike Sinyard
> squirted out of his father's wang, and it'll still be there someday when
> Specialized is finally sold off in chunks. You don't get to sue someone
> for naming a business after a city that you also like.
>
> If I sued Surly for using my last name to market their Long Haul Trucker,
> I'd lose. Specialized loses lawsuits like this one, too. The Idea isn't
> to win outright, it's to intimidate and/or drain a person or business of
> their financial resources until they just can't fight anymore, even if
> they'd eventually win in court.
>
> They'll pick on anyone without the resources to fight back, and they do
> something like this every year or two. You'd think they'd have learned
> something from the Volagi bitch-slap. They'll keep selling bikes because
> people all over the world let their ego overrun their conscience. I can
> respect most bike manufacturers, but the industry would be much better off
> without the blatantly malicious, dishonest bully that is Specialized.
>
>
> ------------------------------
> Date: Sat, 7 Dec 2013 07:44:16 -0900
> From: brendongallant@gmail.com
> To: skbugco@gmail.com
> CC: obra@list.obra.org
> Subject: Re: [OBRA Chat] Specialized Bikes Suck
>
> Specialized sucks because that guy couldn't do his due diligence before
> opening his wheel brand and shop?
>
> You don't make much sense to me.
>
> Sent from mobile
> On Dec 7, 2013 7:39 AM, "Don Joling" wrote:
>
> The owner of this little shop in Canada is a friend of mine. Read the
> article, spread the word.
>
> http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>
> Thanks,
> -don
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
> _______________________________________________ OBRA mailing list
> obra@list.obra.org http://list.obra.org/mailman/listinfo/obraUnsubscribe:
> obra-unsubscribe@list.obra.org
>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>


Scott Jerger

2013-12-09

Those are all examples of marks that have lost legal protection because they have become genericised and lost secondary meaning because they are now merely descriptive of an entire class or goods. Not a problem for Specialized unless the general public starts referring to all bikes as Roubaix’s.

If Specialized chose to do nothing, the only risk would be that they might lose the ability to sue Café Roubaix in the future for infringement and Café Roubaix’s use weakens their mark.

BTW the mark was first used in 1987, registered by Toshoku America, Inc. and is now owned by Advanced Sports, Inc.

_______________________

Scott Jerger

FIELD JERGER LLP

621 SW Morrison, Suite 1225

Portland, Oregon 97205

503.228.9115 (phone)

503.225.0276 (fax)

503.516.7127 (mobile)

www.fieldjerger.com

**The information contained in this message may be privileged, confidential and/or protected from disclosure. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Any U.S. tax advice contained in the body of this e-mail was not intended or written to be used, and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions.**

From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org] On Behalf Of Stephen Hemminger
Sent: Monday, December 09, 2013 1:49 PM
To: joe cipale
Cc: obra
Subject: Re: [OBRA Chat] Specialized Bikes Suck

Unfortunately, lawyers will say that if a trademark is not defended it can be lost. Some examples of lost trademarks are band-aid, kleenex, heroin, and aspirin. Even iPad is at risk of being lost.

On Mon, Dec 9, 2013 at 1:35 PM, wrote:

As the article says" Just because you CAN do something, doesn't mean you SHOULD.

On 2013-12-09 13:29, Rick Johnson wrote:

VeloNews covers the Specialized controversy and mentions many of their
previous legal actions.

http://velonews.competitor.com/2013/12/bikes-and-tech/specializeds-disastrous-trademark-case-is-unnecessary-to-defend-the-brand_310878

And a bit of definition that is pertinent to the discussion:
bul·ly
ˈbo͝olē/
verb
gerund or present participle: bullying
1.
use superior strength or influence to intimidate (someone), typically
to force him or her to do what one wants.

I don't see anyone on this list using superior strength or influence
to force any of us to do what they want.

Rick

On 12/9/2013 1:20 PM, Isaac King wrote:
I believe Fuji had the trademark first and Specialized has an agreement with them. That's a big difference. Likewise, if Cafe Roubaix had done his due diligence and still insisted on keeping that name - he likely could have made similar arrangements. If that was financially impossible - dig deal, pick a different word.

<>

How about "Cafe Alpe D'huez" ...no, wait, then we'd all be squawking about Trek!

For the record, I agree completely with Brendan. This shop owner is having the biggest boost in publicity he could have ever dreamed for - and it's a result of poor preparation.

For a bunch of people complaining about Specialized being a bully, I sure see a lot of bullying comments...

Subject
Re: Specialized Bikes Suck

Date
12/7/2013 11:22 PM

>From
EAL
I think your initial assumption is wrong, that due diligence would have prevented this. Let's start with the name of the bike shop. It's Cafe Roubaix Bicycle Studio, rather than just Roubaix or Specialized Roubaix or Roubaix bikes or Specialized Cafe. Also, note that the registration is limited to "Bicycles, bicycle frames, and bicycle components, namely bicycle handlebars, bicycle front fork, and bicycle tires." It COULD have included a service mark such as bicycle repair or bicycle sales but it didn't, presumably because the applicant knew they weren't providing such services so they couldn't claim a mark in that area. Specialized DOESN'T own the word "Roubaix". It only has a registered trademark that applies within the scope of their claims. And it's possible they may not even own that as a registration doesn't mean the trademark is valid, it only means there's a presumption of validity which may be overcome by a preponderance of
evidence. As noted by Mr. Richter's attorney, he'd probably win this case. But economically, it would be a pyrrhic victory.

Again, the heart of the matter is whether Mr. Richter's use causes confusion as to source or quality of goods. Are YOU confused by Mr. Richter's use, Brendon? I didn't think so and I doubt if anyone else is either.

My pointing out the Fuji Roubaix is to provide some sense of proportion here. Specialized is willing to shut down someone they know can't really afford to mount a defense yet are apparently willing to suffer Fuji's sale of a model of bicycle that lies CLEARLY within the scope of the registration. Which do YOU think poses more of a threat of confusion or dilution?
_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org


Stephen Hemminger

2013-12-09

Unfortunately, lawyers will say that if a trademark is not defended it can
be lost. Some examples of lost trademarks are band-aid, kleenex, heroin,
and aspirin. Even iPad is at risk of being lost.

On Mon, Dec 9, 2013 at 1:35 PM, wrote:

> As the article says" Just because you CAN do something, doesn't mean you
> SHOULD.
>
>
> On 2013-12-09 13:29, Rick Johnson wrote:
>
>> VeloNews covers the Specialized controversy and mentions many of their
>> previous legal actions.
>>
>> http://velonews.competitor.com/2013/12/bikes-and-tech/
>> specializeds-disastrous-trademark-case-is-unnecessary-
>> to-defend-the-brand_310878
>>
>> And a bit of definition that is pertinent to the discussion:
>> bul·ly
>> ˈbo͝olē/
>> verb
>> gerund or present participle: bullying
>> 1.
>> use superior strength or influence to intimidate (someone), typically
>> to force him or her to do what one wants.
>>
>>
>> I don't see anyone on this list using superior strength or influence
>> to force any of us to do what they want.
>>
>> Rick
>>
>>
>> On 12/9/2013 1:20 PM, Isaac King wrote:
>> I believe Fuji had the trademark first and Specialized has an agreement
>> with them. That's a big difference. Likewise, if Cafe Roubaix had done his
>> due diligence and still insisted on keeping that name - he likely could
>> have made similar arrangements. If that was financially impossible - dig
>> deal, pick a different word.
>>
>> <>
>>
>> How about "Cafe Alpe D'huez" ...no, wait, then we'd all be squawking
>> about Trek!
>>
>>
>> For the record, I agree completely with Brendan. This shop owner is
>> having the biggest boost in publicity he could have ever dreamed for - and
>> it's a result of poor preparation.
>>
>> For a bunch of people complaining about Specialized being a bully, I sure
>> see a lot of bullying comments...
>>
>>
>> Subject
>> Re: Specialized Bikes Suck
>>
>> Date
>> 12/7/2013 11:22 PM
>>
>> >From
>> EAL
>> I think your initial assumption is wrong, that due diligence would have
>> prevented this. Let's start with the name of the bike shop. It's Cafe
>> Roubaix Bicycle Studio, rather than just Roubaix or Specialized Roubaix or
>> Roubaix bikes or Specialized Cafe. Also, note that the registration is
>> limited to "Bicycles, bicycle frames, and bicycle components, namely
>> bicycle handlebars, bicycle front fork, and bicycle tires." It COULD have
>> included a service mark such as bicycle repair or bicycle sales but it
>> didn't, presumably because the applicant knew they weren't providing such
>> services so they couldn't claim a mark in that area. Specialized DOESN'T
>> own the word "Roubaix". It only has a registered trademark that applies
>> within the scope of their claims. And it's possible they may not even own
>> that as a registration doesn't mean the trademark is valid, it only means
>> there's a presumption of validity which may be overcome by a preponderance
>> of
>> evidence. As noted by Mr. Richter's attorney, he'd probably win this
>> case. But economically, it would be a pyrrhic victory.
>>
>> Again, the heart of the matter is whether Mr. Richter's use causes
>> confusion as to source or quality of goods. Are YOU confused by Mr.
>> Richter's use, Brendon? I didn't think so and I doubt if anyone else is
>> either.
>>
>> My pointing out the Fuji Roubaix is to provide some sense of proportion
>> here. Specialized is willing to shut down someone they know can't really
>> afford to mount a defense yet are apparently willing to suffer Fuji's sale
>> of a model of bicycle that lies CLEARLY within the scope of the
>> registration. Which do YOU think poses more of a threat of confusion or
>> dilution?
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>>
>>
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>


Isaac King

2013-12-09

Jo, are you referring to the shop owner or Specialized? Your response could absolutely go either way. Since we're making this into "big bad monster" vs. "totally innocent, TOTALLY CORRECT, victim" I'll assume you mean Specialized.

Rick, I enjoyed the article and I think Caley did a great job of being fair and not painting either party as completely correct. Because there are faults on both sides. We seem to be forgetting this is about business...

While the definition you grabbed might not fit the responses here, I think this one does

bul��ly 1 (bl)
n. pl.bul��lies
2. To force one's way aggressively or by intimidation:

Subject
Re: Specialized Bikes Suck

Date
12/9/2013 01:35 PM

>From
jo..@aracnet.com

As the article says" Just because you CAN do something, doesn't mean you
SHOULD.

On 2013-12-09 13:29, Rick Johnson wrote:
> VeloNews covers the Specialized controversy and mentions many of their
> previous legal actions.
>
> http://velonews.competitor.com/2013/12/bikes-and-tech/specializeds-disastrous-trademark-case-is-unnecessary-to-defend-the-brand_310878
>
> And a bit of definition that is pertinent to the discussion:
> bul������ly
> ������bo������ol������/
> verb
> gerund or present participle: bullying
> 1.
> use superior strength or influence to intimidate (someone), typically
> to force him or her to do what one wants.
>
>
> I don't see anyone on this list using superior strength or influence
> to force any of us to do what they want.
>
> Rick
>
>
> On 12/9/2013 1:20 PM, Isaac King wrote:
> I believe Fuji had the trademark first and Specialized has an agreement
> with them. That's a big difference. Likewise, if Cafe Roubaix had done
> his due diligence and still insisted on keeping that name - he likely
> could have made similar arrangements. If that was financially
> impossible - dig deal, pick a different word.
>
> <>
>
> How about "Cafe Alpe D'huez" ...no, wait, then we'd all be squawking
> about Trek!
>
>
> For the record, I agree completely with Brendan. This shop owner is
> having the biggest boost in publicity he could have ever dreamed for -
> and it's a result of poor preparation.
>
> For a bunch of people complaining about Specialized being a bully, I
> sure see a lot of bullying comments...
>
>
> Subject
> Re: Specialized Bikes Suck
>
> Date
> 12/7/2013 11:22 PM
>
> >From
> EAL
> I think your initial assumption is wrong, that due diligence would have
> prevented this. Let's start with the name of the bike shop. It's Cafe
> Roubaix Bicycle Studio, rather than just Roubaix or Specialized Roubaix
> or Roubaix bikes or Specialized Cafe. Also, note that the registration
> is limited to "Bicycles, bicycle frames, and bicycle components, namely
> bicycle handlebars, bicycle front fork, and bicycle tires." It COULD
> have included a service mark such as bicycle repair or bicycle sales
> but it didn't, presumably because the applicant knew they weren't
> providing such services so they couldn't claim a mark in that area.
> Specialized DOESN'T own the word "Roubaix". It only has a registered
> trademark that applies within the scope of their claims. And it's
> possible they may not even own that as a registration doesn't mean the
> trademark is valid, it only means there's a presumption of validity
> which may be overcome by a preponderance of
> evidence. As noted by Mr. Richter's attorney, he'd probably win this
> case. But economically, it would be a pyrrhic victory.
>
> Again, the heart of the matter is whether Mr. Richter's use causes
> confusion as to source or quality of goods. Are YOU confused by Mr.
> Richter's use, Brendon? I didn't think so and I doubt if anyone else
> is either.
>
> My pointing out the Fuji Roubaix is to provide some sense of proportion
> here. Specialized is willing to shut down someone they know can't
> really afford to mount a defense yet are apparently willing to suffer
> Fuji's sale of a model of bicycle that lies CLEARLY within the scope of
> the registration. Which do YOU think poses more of a threat of
> confusion or dilution?


joec@aracnet.com

2013-12-09

As the article says" Just because you CAN do something, doesn't mean you
SHOULD.

On 2013-12-09 13:29, Rick Johnson wrote:
> VeloNews covers the Specialized controversy and mentions many of their
> previous legal actions.
>
> http://velonews.competitor.com/2013/12/bikes-and-tech/specializeds-disastrous-trademark-case-is-unnecessary-to-defend-the-brand_310878
>
> And a bit of definition that is pertinent to the discussion:
> bul��ly
> ��bo��ol��/
> verb
> gerund or present participle: bullying
> 1.
> use superior strength or influence to intimidate (someone), typically
> to force him or her to do what one wants.
>
>
> I don't see anyone on this list using superior strength or influence
> to force any of us to do what they want.
>
> Rick
>
>
> On 12/9/2013 1:20 PM, Isaac King wrote:
> I believe Fuji had the trademark first and Specialized has an agreement
> with them. That's a big difference. Likewise, if Cafe Roubaix had done
> his due diligence and still insisted on keeping that name - he likely
> could have made similar arrangements. If that was financially
> impossible - dig deal, pick a different word.
>
> <>
>
> How about "Cafe Alpe D'huez" ...no, wait, then we'd all be squawking
> about Trek!
>
>
> For the record, I agree completely with Brendan. This shop owner is
> having the biggest boost in publicity he could have ever dreamed for -
> and it's a result of poor preparation.
>
> For a bunch of people complaining about Specialized being a bully, I
> sure see a lot of bullying comments...
>
>
> Subject
> Re: Specialized Bikes Suck
>
> Date
> 12/7/2013 11:22 PM
>
> >From
> EAL
> I think your initial assumption is wrong, that due diligence would have
> prevented this. Let's start with the name of the bike shop. It's Cafe
> Roubaix Bicycle Studio, rather than just Roubaix or Specialized Roubaix
> or Roubaix bikes or Specialized Cafe. Also, note that the registration
> is limited to "Bicycles, bicycle frames, and bicycle components, namely
> bicycle handlebars, bicycle front fork, and bicycle tires." It COULD
> have included a service mark such as bicycle repair or bicycle sales
> but it didn't, presumably because the applicant knew they weren't
> providing such services so they couldn't claim a mark in that area.
> Specialized DOESN'T own the word "Roubaix". It only has a registered
> trademark that applies within the scope of their claims. And it's
> possible they may not even own that as a registration doesn't mean the
> trademark is valid, it only means there's a presumption of validity
> which may be overcome by a preponderance of
> evidence. As noted by Mr. Richter's attorney, he'd probably win this
> case. But economically, it would be a pyrrhic victory.
>
> Again, the heart of the matter is whether Mr. Richter's use causes
> confusion as to source or quality of goods. Are YOU confused by Mr.
> Richter's use, Brendon? I didn't think so and I doubt if anyone else
> is either.
>
> My pointing out the Fuji Roubaix is to provide some sense of proportion
> here. Specialized is willing to shut down someone they know can't
> really afford to mount a defense yet are apparently willing to suffer
> Fuji's sale of a model of bicycle that lies CLEARLY within the scope of
> the registration. Which do YOU think poses more of a threat of
> confusion or dilution?
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org


Rick Johnson

2013-12-09

VeloNews covers the Specialized controversy and mentions many of their
previous legal actions.

http://velonews.competitor.com/2013/12/bikes-and-tech/specializeds-disastrous-trademark-case-is-unnecessary-to-defend-the-brand_310878

And a bit of definition that is pertinent to the discussion:
bul��ly
��bo��ol��/
verb
gerund or present participle: bullying
1.
use superior strength or influence to intimidate (someone), typically to
force him or her to do what one wants.

I don't see anyone on this list using superior strength or influence to
force any of us to do what they want.

Rick

On 12/9/2013 1:20 PM, Isaac King wrote:
> I believe Fuji had the trademark first and Specialized has an agreement with them. That's a big difference. Likewise, if Cafe Roubaix had done his due diligence and still insisted on keeping that name - he likely could have made similar arrangements. If that was financially impossible - dig deal, pick a different word.
>
> <>
>
> How about "Cafe Alpe D'huez" ...no, wait, then we'd all be squawking about Trek!
>
>
> For the record, I agree completely with Brendan. This shop owner is having the biggest boost in publicity he could have ever dreamed for - and it's a result of poor preparation.
>
> For a bunch of people complaining about Specialized being a bully, I sure see a lot of bullying comments...
>
>
> Subject
> Re: Specialized Bikes Suck
>
> Date
> 12/7/2013 11:22 PM
>
> >From
> EAL
>
>
>
>
> I think your initial assumption is wrong, that due diligence would have prevented this. Let's start with the name of the bike shop. It's Cafe Roubaix Bicycle Studio, rather than just Roubaix or Specialized Roubaix or Roubaix bikes or Specialized Cafe. Also, note that the registration is limited to "Bicycles, bicycle frames, and bicycle components, namely bicycle handlebars, bicycle front fork, and bicycle tires." It COULD have included a service mark such as bicycle repair or bicycle sales but it didn't, presumably because the applicant knew they weren't providing such services so they couldn't claim a mark in that area. Specialized DOESN'T own the word "Roubaix". It only has a registered trademark that applies within the scope of their claims. And it's possible they may not even own that as a registration doesn't mean the trademark is valid, it only means there's a presumption of validity which may be overcome by a preponderance of
> evidence. As noted by Mr. Richter's attorney, he'd probably win this case. But economically, it would be a pyrrhic victory.
>
> Again, the heart of the matter is whether Mr. Richter's use causes confusion as to source or quality of goods. Are YOU confused by Mr. Richter's use, Brendon? I didn't think so and I doubt if anyone else is either.
>
> My pointing out the Fuji Roubaix is to provide some sense of proportion here. Specialized is willing to shut down someone they know can't really afford to mount a defense yet are apparently willing to suffer Fuji's sale of a model of bicycle that lies CLEARLY within the scope of the registration. Which do YOU think poses more of a threat of confusion or dilution?
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>


Isaac King

2013-12-09

I believe Fuji had the trademark first and Specialized has an agreement with them. That's a big difference. Likewise, if Cafe Roubaix had done his due diligence and still insisted on keeping that name - he likely could have made similar arrangements. If that was financially impossible - dig deal, pick a different word.

<>

How about "Cafe Alpe D'huez" ...no, wait, then we'd all be squawking about Trek!

For the record, I agree completely with Brendan. This shop owner is having the biggest boost in publicity he could have ever dreamed for - and it's a result of poor preparation.

For a bunch of people complaining about Specialized being a bully, I sure see a lot of bullying comments...

Subject
Re: Specialized Bikes Suck

Date
12/7/2013 11:22 PM

>From
EAL

I think your initial assumption is wrong, that due diligence would have prevented this. Let's start with the name of the bike shop. It's Cafe Roubaix Bicycle Studio, rather than just Roubaix or Specialized Roubaix or Roubaix bikes or Specialized Cafe. Also, note that the registration is limited to "Bicycles, bicycle frames, and bicycle components, namely bicycle handlebars, bicycle front fork, and bicycle tires." It COULD have included a service mark such as bicycle repair or bicycle sales but it didn't, presumably because the applicant knew they weren't providing such services so they couldn't claim a mark in that area. Specialized DOESN'T own the word "Roubaix". It only has a registered trademark that applies within the scope of their claims. And it's possible they may not even own that as a registration doesn't mean the trademark is valid, it only means there's a presumption of validity which may be overcome by a preponderance of
evidence. As noted by Mr. Richter's attorney, he'd probably win this case. But economically, it would be a pyrrhic victory.

Again, the heart of the matter is whether Mr. Richter's use causes confusion as to source or quality of goods. Are YOU confused by Mr. Richter's use, Brendon? I didn't think so and I doubt if anyone else is either.

My pointing out the Fuji Roubaix is to provide some sense of proportion here. Specialized is willing to shut down someone they know can't really afford to mount a defense yet are apparently willing to suffer Fuji's sale of a model of bicycle that lies CLEARLY within the scope of the registration. Which do YOU think poses more of a threat of confusion or dilution?


Joe Cipale

2013-12-08

As I posted on the specialized website: They are simply bullies. And since most bullies are nothing more then big mouth cowards, applying the transitive property, they in turn are cowards as well.

Sent from my Motorola ATRIX™ 4G on AT&T

-----Original message-----
From: EAL
To: Brendon Gallant , Erik Long
Cc: Obra Contact
Sent: Sun, Dec 8, 2013 07:22:03 GMT+00:00
Subject: Re: [OBRA Chat] Specialized Bikes Suck


Joe Cipale

2013-12-08

You are right brendon. You ARE NOT making many friends.

Sent from my Motorola ATRIX™ 4G on AT&T

-----Original message-----
From: Brendon Gallant
To: Erik Long
Cc: Obra Contact
Sent: Sun, Dec 8, 2013 06:27:48 GMT+00:00
Subject: Re: [OBRA Chat] Specialized Bikes Suck


I think your initial assumption is wrong, that due diligence would have prevented this.  Let's start with the name of the bike shop.  It's Cafe Roubaix Bicycle Studio, rather than just Roubaix or Specialized Roubaix or Roubaix bikes or Specialized Cafe.  Also, note that the registration is limited to "Bicycles, bicycle frames, and bicycle components, namely bicycle handlebars, bicycle front fork, and bicycle tires."   It COULD have included a service mark such as bicycle repair or bicycle sales but it didn't, presumably because the applicant knew they weren't providing such services so they couldn't claim a mark in that area.  Specialized DOESN'T own the word "Roubaix".  It only has a registered trademark that applies within the scope of their claims.  And it's possible they may not even own that as a registration doesn't mean the trademark is valid, it only means there's a presumption of validity which may be overcome by a preponderance of
evidence.   As noted by Mr. Richter's attorney, he'd probably win this case.  But economically, it would be a pyrrhic victory.

Again, the heart of the matter is whether Mr. Richter's use causes confusion as to source or quality of goods.  Are YOU confused by Mr. Richter's use, Brendon?   I didn't think so and I doubt if anyone else is either. 

My pointing out the Fuji Roubaix is to provide some sense of proportion here.  Specialized is willing to shut down someone they know can't really afford to mount a defense yet are apparently willing to suffer Fuji's sale of a model of bicycle that lies CLEARLY within the scope of the registration.  Which do YOU think poses more of a threat of confusion or dilution?

On Saturday, December 7, 2013 10:47 PM, Brendon Gallant wrote:

I don't own the trademark on my name so it's fair game.
Boy, you sure got me...
Sent from mobile
On Dec 7, 2013 9:41 PM, "Erik Long" wrote:

We could all benefit from this lesson.  Let's all be awesome like Brendon. 
>
>I'm doing my own "due diligence" right now.  I can't find a single cycling team called "Awesomely Gallant".  Your stickers will arrive with your updated Obra License this Spring.
>
>Can I get a throw down to fund the jerseys?
>
>
>
>________________________________
>Date: Sat, 7 Dec 2013 21:27:48 -0900
>Subject: RE: [OBRA Chat] Specialized Bikes Suck
>From: brendongallant@gmail.com
>To: elongride@hotmail.com
>CC: obra@list.obra.org
>
>
>Not looking to make friends.
>My original post stands, had this guy done his due diligence before investing his life savings this could have been easily avoided.
>As already stated, change the name, keep the publicity and move on.
>Sent from mobile
>On Dec 7, 2013 3:44 PM, "Erik Long" wrote:
>
>Victim blaming will make you no friends, Brendon.  Specialized sucks because they're arrogant bullies. 
>>
>>bul·ly 1  (bl): To force one's way aggressively or by intimidation
>>
>>The people at Specialized have decided that they alone are entitled to the use of the word "Roubaix" - the name of a city in a country on the other side of the world where they don't have a factory, employees, or any real claim whatsoever.  Its a place that existed long before Mike Sinyard squirted out of his father's wang, and it'll still be there someday when Specialized is finally sold off in chunks.  You don't get to sue someone for naming a business after a city that you also like.
>>
>>If I sued Surly for using my last name to market their Long Haul Trucker, I'd lose.  Specialized loses lawsuits like this one, too.  The Idea isn't to win outright, it's to intimidate and/or drain a person or business of their financial resources until they just can't fight anymore, even if they'd eventually win in court. 
>>
>>They'll pick on anyone without the resources to fight back, and they do something like this every year or two.  You'd think they'd have learned something from the Volagi bitch-slap.  They'll keep selling bikes because people all over the world let their ego overrun their conscience.  I can respect most bike manufacturers, but the industry would be much better off without the blatantly malicious, dishonest bully that is Specialized.
>>
>>
>>
>>
>>________________________________
>>Date: Sat, 7 Dec 2013 07:44:16 -0900
>>From: brendongallant@gmail.com
>>To: skbugco@gmail.com
>>CC: obra@list.obra.org
>>Subject: Re: [OBRA Chat] Specialized Bikes Suck
>>
>>
>>Specialized sucks because that guy couldn't do his due diligence before opening his wheel brand and shop?
>>You don't make much sense to me.
>>Sent from mobile
>>On Dec 7, 2013 7:39 AM, "Don Joling" wrote:
>>
>>The owner of this little shop in Canada is a friend of mine. Read the article, spread the word.
>>>http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>>>
>>>Thanks,
>>>-don
>>>_______________________________________________
>>>OBRA mailing list
>>>obra@list.obra.org
>>>http://list.obra.org/mailman/listinfo/obra
>>>Unsubscribe: obra-unsubscribe@list.obra.org
>>>
>>_______________________________________________
OBRA mailing list obra@list.obra.org http://list.obra.org/mailman/listinfo/obra Unsubscribe: obra-unsubscribe@list.obra.org

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org


Erik Long

2013-12-08

Well, that's fortunate. I Roubaixed myself a Gallant Roubaix so that I could Roubaix the Gallant Roubaix into the Gallant Obra calendar's Roubaix in the grand traditional rides that honor Roubaix's Roubaixness.

You heard me. It'll even be laterally stiff, yet vertically affordable.

SINYARD . . . HAVE . . . MERCY!!!!

Gallant, you can join the movement as soon as you email a photo of yourself in one ladies's small Cafe Roubaix T-shirt.

That is all.

Date: Sat, 7 Dec 2013 21:47:37 -0900
Subject: RE: [OBRA Chat] Specialized Bikes Suck
From: brendongallant@gmail.com
To: elongride@hotmail.com
CC: obra@list.obra.org

I don't own the trademark on my name so it's fair game.
Boy, you sure got me...
Sent from mobile
On Dec 7, 2013 9:41 PM, "Erik Long" wrote:

We could all benefit from this lesson. Let's all be awesome like Brendon.

I'm doing my own "due diligence" right now. I can't find a single cycling team called "Awesomely Gallant". Your stickers will arrive with your updated Obra License this Spring.

Can I get a throw down to fund the jerseys?

Date: Sat, 7 Dec 2013 21:27:48 -0900
Subject: RE: [OBRA Chat] Specialized Bikes Suck
From: brendongallant@gmail.com

To: elongride@hotmail.com
CC: obra@list.obra.org

Not looking to make friends.
My original post stands, had this guy done his due diligence before investing his life savings this could have been easily avoided.
As already stated, change the name, keep the publicity and move on.
Sent from mobile
On Dec 7, 2013 3:44 PM, "Erik Long" wrote:

Victim blaming will make you no friends, Brendon. Specialized sucks because they're arrogant bullies.

bul·ly 1 (bl): To force one's way aggressively or by intimidation

The people at Specialized have decided that they alone are entitled to the use of the word "Roubaix" - the name of a city in a country on the other side of the world where they don't have a factory, employees, or any real claim whatsoever. Its a place that existed long before Mike Sinyard squirted out of his father's wang, and it'll still be there someday when Specialized is finally sold off in chunks. You don't get to sue someone for naming a business after a city that you also like.

If I sued Surly for using my last name to market their Long Haul Trucker, I'd lose. Specialized loses lawsuits like this one, too. The Idea isn't to win outright, it's to intimidate and/or drain a person or business of their financial resources until they just can't fight anymore, even if they'd eventually win in court.

They'll pick on anyone without the resources to fight back, and they do something like this every year or two. You'd think they'd have learned something from the Volagi bitch-slap. They'll keep selling bikes because people all over the world let their ego overrun their conscience. I can respect most bike manufacturers, but the industry would be much better off without the blatantly malicious, dishonest bully that is Specialized.

Date: Sat, 7 Dec 2013 07:44:16 -0900
From: brendongallant@gmail.com
To: skbugco@gmail.com

CC: obra@list.obra.org
Subject: Re: [OBRA Chat] Specialized Bikes Suck

Specialized sucks because that guy couldn't do his due diligence before opening his wheel brand and shop?

You don't make much sense to me.
Sent from mobile
On Dec 7, 2013 7:39 AM, "Don Joling" wrote:

The owner of this little shop in Canada is a friend of mine. Read the article, spread the word.

http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/

Thanks,

-don

_______________________________________________

OBRA mailing list

obra@list.obra.org

http://list.obra.org/mailman/listinfo/obra

Unsubscribe: obra-unsubscribe@list.obra.org

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org


Brendon Gallant

2013-12-08

I don't own the trademark on my name so it's fair game.

Boy, you sure got me...

Sent from mobile
On Dec 7, 2013 9:41 PM, "Erik Long" wrote:

> We could all benefit from this lesson. Let's all be awesome like
> Brendon.
>
> I'm doing my own "due diligence" right now. I can't find a single cycling
> team called "Awesomely Gallant". Your stickers will arrive with your
> updated Obra License this Spring.
>
> Can I get a throw down to fund the jerseys?
>
> ------------------------------
> Date: Sat, 7 Dec 2013 21:27:48 -0900
> Subject: RE: [OBRA Chat] Specialized Bikes Suck
> From: brendongallant@gmail.com
> To: elongride@hotmail.com
> CC: obra@list.obra.org
>
> Not looking to make friends.
>
> My original post stands, had this guy done his due diligence before
> investing his life savings this could have been easily avoided.
>
> As already stated, change the name, keep the publicity and move on.
>
> Sent from mobile
> On Dec 7, 2013 3:44 PM, "Erik Long" wrote:
>
> Victim blaming will make you no friends, Brendon. Specialized sucks
> because they're arrogant bullies.
>
> bul·ly 1 (bl)*: * To force one's way aggressively or by intimidation
>
> The people at Specialized have decided that they alone are entitled to the
> use of the word "Roubaix" - the name of a city in a country on the other
> side of the world where they don't have a factory, employees, or any real
> claim whatsoever. Its a place that existed long before Mike Sinyard
> squirted out of his father's wang, and it'll still be there someday when
> Specialized is finally sold off in chunks. You don't get to sue someone
> for naming a business after a city that you also like.
>
> If I sued Surly for using my last name to market their Long Haul Trucker,
> I'd lose. Specialized loses lawsuits like this one, too. The Idea isn't
> to win outright, it's to intimidate and/or drain a person or business of
> their financial resources until they just can't fight anymore, even if
> they'd eventually win in court.
>
> They'll pick on anyone without the resources to fight back, and they do
> something like this every year or two. You'd think they'd have learned
> something from the Volagi bitch-slap. They'll keep selling bikes because
> people all over the world let their ego overrun their conscience. I can
> respect most bike manufacturers, but the industry would be much better off
> without the blatantly malicious, dishonest bully that is Specialized.
>
>
> ------------------------------
> Date: Sat, 7 Dec 2013 07:44:16 -0900
> From: brendongallant@gmail.com
> To: skbugco@gmail.com
> CC: obra@list.obra.org
> Subject: Re: [OBRA Chat] Specialized Bikes Suck
>
> Specialized sucks because that guy couldn't do his due diligence before
> opening his wheel brand and shop?
>
> You don't make much sense to me.
>
> Sent from mobile
> On Dec 7, 2013 7:39 AM, "Don Joling" wrote:
>
> The owner of this little shop in Canada is a friend of mine. Read the
> article, spread the word.
>
> http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>
> Thanks,
> -don
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
> _______________________________________________ OBRA mailing list
> obra@list.obra.org http://list.obra.org/mailman/listinfo/obraUnsubscribe:
> obra-unsubscribe@list.obra.org
>
>


Erik Long

2013-12-08

We could all benefit from this lesson. Let's all be awesome like Brendon.

I'm doing my own "due diligence" right now. I can't find a single cycling team called "Awesomely Gallant". Your stickers will arrive with your updated Obra License this Spring.

Can I get a throw down to fund the jerseys?

Date: Sat, 7 Dec 2013 21:27:48 -0900
Subject: RE: [OBRA Chat] Specialized Bikes Suck
From: brendongallant@gmail.com
To: elongride@hotmail.com
CC: obra@list.obra.org

Not looking to make friends.
My original post stands, had this guy done his due diligence before investing his life savings this could have been easily avoided.
As already stated, change the name, keep the publicity and move on.
Sent from mobile
On Dec 7, 2013 3:44 PM, "Erik Long" wrote:

Victim blaming will make you no friends, Brendon. Specialized sucks because they're arrogant bullies.

bul·ly 1 (bl): To force one's way aggressively or by intimidation

The people at Specialized have decided that they alone are entitled to the use of the word "Roubaix" - the name of a city in a country on the other side of the world where they don't have a factory, employees, or any real claim whatsoever. Its a place that existed long before Mike Sinyard squirted out of his father's wang, and it'll still be there someday when Specialized is finally sold off in chunks. You don't get to sue someone for naming a business after a city that you also like.

If I sued Surly for using my last name to market their Long Haul Trucker, I'd lose. Specialized loses lawsuits like this one, too. The Idea isn't to win outright, it's to intimidate and/or drain a person or business of their financial resources until they just can't fight anymore, even if they'd eventually win in court.

They'll pick on anyone without the resources to fight back, and they do something like this every year or two. You'd think they'd have learned something from the Volagi bitch-slap. They'll keep selling bikes because people all over the world let their ego overrun their conscience. I can respect most bike manufacturers, but the industry would be much better off without the blatantly malicious, dishonest bully that is Specialized.

Date: Sat, 7 Dec 2013 07:44:16 -0900
From: brendongallant@gmail.com
To: skbugco@gmail.com

CC: obra@list.obra.org
Subject: Re: [OBRA Chat] Specialized Bikes Suck

Specialized sucks because that guy couldn't do his due diligence before opening his wheel brand and shop?

You don't make much sense to me.
Sent from mobile
On Dec 7, 2013 7:39 AM, "Don Joling" wrote:

The owner of this little shop in Canada is a friend of mine. Read the article, spread the word.

http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/

Thanks,

-don

_______________________________________________

OBRA mailing list

obra@list.obra.org

http://list.obra.org/mailman/listinfo/obra

Unsubscribe: obra-unsubscribe@list.obra.org

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org


Brendon Gallant

2013-12-08

Not looking to make friends.

My original post stands, had this guy done his due diligence before
investing his life savings this could have been easily avoided.

As already stated, change the name, keep the publicity and move on.

Sent from mobile
On Dec 7, 2013 3:44 PM, "Erik Long" wrote:

> Victim blaming will make you no friends, Brendon. Specialized sucks
> because they're arrogant bullies.
>
> bul·ly 1 (bl)*: * To force one's way aggressively or by intimidation
>
> The people at Specialized have decided that they alone are entitled to the
> use of the word "Roubaix" - the name of a city in a country on the other
> side of the world where they don't have a factory, employees, or any real
> claim whatsoever. Its a place that existed long before Mike Sinyard
> squirted out of his father's wang, and it'll still be there someday when
> Specialized is finally sold off in chunks. You don't get to sue someone
> for naming a business after a city that you also like.
>
> If I sued Surly for using my last name to market their Long Haul Trucker,
> I'd lose. Specialized loses lawsuits like this one, too. The Idea isn't
> to win outright, it's to intimidate and/or drain a person or business of
> their financial resources until they just can't fight anymore, even if
> they'd eventually win in court.
>
> They'll pick on anyone without the resources to fight back, and they do
> something like this every year or two. You'd think they'd have learned
> something from the Volagi bitch-slap. They'll keep selling bikes because
> people all over the world let their ego overrun their conscience. I can
> respect most bike manufacturers, but the industry would be much better off
> without the blatantly malicious, dishonest bully that is Specialized.
>
>
> ------------------------------
> Date: Sat, 7 Dec 2013 07:44:16 -0900
> From: brendongallant@gmail.com
> To: skbugco@gmail.com
> CC: obra@list.obra.org
> Subject: Re: [OBRA Chat] Specialized Bikes Suck
>
> Specialized sucks because that guy couldn't do his due diligence before
> opening his wheel brand and shop?
>
> You don't make much sense to me.
>
> Sent from mobile
> On Dec 7, 2013 7:39 AM, "Don Joling" wrote:
>
> The owner of this little shop in Canada is a friend of mine. Read the
> article, spread the word.
>
> http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>
> Thanks,
> -don
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
> _______________________________________________ OBRA mailing list
> obra@list.obra.org http://list.obra.org/mailman/listinfo/obraUnsubscribe:
> obra-unsubscribe@list.obra.org
>


Well, the nice thing is that while Specialized empire is now safe from being destroyed by Mr.Richter,  Canadian citizens remain free to purchase aFuji Roubaix at any one of many, many Fuji dealers throughout Canada.  Fuji poses less of a threat, I guess.

E.g., http://capsbicycleshop.com/product/13fuji-roubaix-1.3-179653-1.htm

On Saturday, December 7, 2013 5:11 PM, matt Savage wrote:

Yeah, no shit...  That happened to a woman here in Portland and countless others.  They'll destroy anyone in their path, from shop owners to component manufacturers, to even journalists who post negative reviews or speak out against them.

I liked the the Bicycling mag article last year that called Mike Sinyard the "Steve Jobs of the cycling industry..."  Yeah, Steve Jobs was unashamed of blatantly stealing ideas and technologies from competitors, but he never went out of his way to stifle small business or destroy competitors by tying them up bankrupting them through litigation.

On Sat, Dec 7, 2013 at 8:38 AM, Don Joling wrote:

The owner of this little shop in Canada is a friend of mine. Read the article, spread the word.
>http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>
>Thanks,
>-don
>_______________________________________________
>OBRA mailing list
>obra@list.obra.org
>http://list.obra.org/mailman/listinfo/obra
>Unsubscribe: obra-unsubscribe@list.obra.org
>

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org


No one is bothered by the fact that Specialized has a mark and is protecting it.  I think what bothers people is trying to agressively  extend the mark beyond it's scope.
And PBS? 

On Saturday, December 7, 2013 4:01 PM, Brian OBRA wrote:

Specialized sucks because they trademarked the word Roubaix. Did Trek trademark Portland?  Hmmm. Did they? Watch out PBS. 

On Dec 7, 2013, at 8:44 AM, Brendon Gallant wrote:

Specialized sucks because that guy couldn't do his due diligence before opening his wheel brand and shop?
>You don't make much sense to me.
>Sent from mobile
>On Dec 7, 2013 7:39 AM, "Don Joling" wrote:
>
>The owner of this little shop in Canada is a friend of mine. Read the article, spread the word.
>>http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>>
>>Thanks,
>>-don
>>_______________________________________________
>>OBRA mailing list
>>obra@list.obra.org
>>http://list.obra.org/mailman/listinfo/obra
>>Unsubscribe: obra-unsubscribe@list.obra.org
>>
_______________________________________________
>OBRA mailing list
>obra@list.obra.org
>http://list.obra.org/mailman/listinfo/obra
>Unsubscribe: obra-unsubscribe@list.obra.org
>

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org


Erik Long

2013-12-08

Victim blaming will make you no friends, Brendon. Specialized sucks because they're arrogant bullies.

bul·ly 1 (bl): To force one's way aggressively or by intimidation

The people at Specialized have decided that they alone are entitled to the use of the word "Roubaix" - the name of a city in a country on the other side of the world where they don't have a factory, employees, or any real claim whatsoever. Its a place that existed long before Mike Sinyard squirted out of his father's wang, and it'll still be there someday when Specialized is finally sold off in chunks. You don't get to sue someone for naming a business after a city that you also like.

If I sued Surly for using my last name to market their Long Haul Trucker, I'd lose. Specialized loses lawsuits like this one, too. The Idea isn't to win outright, it's to intimidate and/or drain a person or business of their financial resources until they just can't fight anymore, even if they'd eventually win in court.

They'll pick on anyone without the resources to fight back, and they do something like this every year or two. You'd think they'd have learned something from the Volagi bitch-slap. They'll keep selling bikes because people all over the world let their ego overrun their conscience. I can respect most bike manufacturers, but the industry would be much better off without the blatantly malicious, dishonest bully that is Specialized.

Date: Sat, 7 Dec 2013 07:44:16 -0900
From: brendongallant@gmail.com
To: skbugco@gmail.com
CC: obra@list.obra.org
Subject: Re: [OBRA Chat] Specialized Bikes Suck

Specialized sucks because that guy couldn't do his due diligence before opening his wheel brand and shop?
You don't make much sense to me.
Sent from mobile
On Dec 7, 2013 7:39 AM, "Don Joling" wrote:

The owner of this little shop in Canada is a friend of mine. Read the article, spread the word.

http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/

Thanks,

-don

_______________________________________________

OBRA mailing list

obra@list.obra.org

http://list.obra.org/mailman/listinfo/obra

Unsubscribe: obra-unsubscribe@list.obra.org

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org


Rick Johnson

2013-12-07

Actually the real Budweiser is quite good. But it tastes best when you
are in a small guest house in the Czech Republic for some reason.

http://en.wikipedia.org/wiki/Budweiser_Budvar_Brewery

Rick Johnson
Bend Oregon

* * *

On 12/7/2013 10:06 AM, Joe Cipale wrote:
> And everyone knows how God-awful budweiser is.
>
> /Sent from my Motorola ATRIX^(TM) 4G on AT&T/
>
>
> -----Original message-----
>
> *From: *Stephen Salter *
> To: *Brendon Gallant *
> Cc: *Don Joling , obra *
> Sent: *Sat, Dec 7, 2013 17:49:50 GMT+00:00*
> Subject: *Re: [OBRA Chat] Specialized Bikes Suck
>
>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org


Joe Cipale

2013-12-07

Yet another reason I wont ride a Specialized (as well as the feeling that there is nothing special about their frameset).

Joe
Sent from my Motorola ATRIX™ 4G on AT&T

-----Original message-----
From: EAL
To: Brendon Gallant , Don Joling
Cc: "obra@list.obra.org"
Sent: Sat, Dec 7, 2013 17:49:33 GMT+00:00
Subject: Re: [OBRA Chat] Specialized Bikes Suck


Joe Cipale

2013-12-07

And everyone knows how God-awful budweiser is.

Sent from my Motorola ATRIX™ 4G on AT&T

-----Original message-----
From: Stephen Salter
To: Brendon Gallant
Cc: Don Joling , obra
Sent: Sat, Dec 7, 2013 17:49:50 GMT+00:00
Subject: Re: [OBRA Chat] Specialized Bikes Suck


OK.  I see Speciallized registered in Canada.  Same arguments apply as to confusion as to source or quality of goods and services.  Also note that their filing doesn't cover retail locations, just bicycles, bicycle frames and components.
 
Cheap shot, Specialized. I think  I'm going to tape over the "Roubaix" on my beloved Specialized Roubaix

On , EAL wrote:

OK.  Assignee Advanced Sports, Inc. apparently imports Fuji bicycles.  So Fuji owns the federal registration of Roubaix

On Saturday, December 7, 2013 9:38 AM, EAL wrote:

It's interesting that a USPTO search comes up with this http://tess2.uspto.gov/bin/showfield?f=toc&state=4808%3Aypwpo.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl%7E%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=Roubaix&p_tagrepl%7E%3A=PARA2%24COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query
 
Yes, I know trademark can be based on Federal (Lanham Act), state statute or common law, but I'd have expected Specialized to have federally registered the mark.  (of course, I might have missed it in my quickie search). 
 
It's also interesting that a company named Toshoku (importer of food and bicycles) has that name.  Does anyone know who they are?

On , EAL wrote:

I think this is pretty weak of Specialized and there's a good chance Specialized would lose this case.  They key to trademark infringement is does the use create confusion as to the quality or source of goods or services?  Nothing about this particular use of Roubaix gives any confusion with Specialized particular model of bike. 
 
How about THIS, for example?  Trademark infringement?  http://www.the-bike-expert.com/fuji-roubaix-2013-review

On Saturday, December 7, 2013 8:44 AM, Brendon Gallant wrote:

Specialized sucks because that guy couldn't do his due diligence before opening his wheel brand and shop?
You don't make much sense to me.
Sent from mobile
On Dec 7, 2013 7:39 AM, "Don Joling" wrote:

The owner of this little shop in Canada is a friend of mine. Read the article, spread the word.
>http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>
>Thanks,
>-don
>_______________________________________________
>OBRA mailing list
>obra@list.obra.org
>http://list.obra.org/mailman/listinfo/obra
>Unsubscribe: obra-unsubscribe@list.obra.org
>

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org


Stephen Salter

2013-12-07

they did the same exact thing to sugar wheel works.

http://bikeportland.org/2011/03/10/epic-wheel-works-will-change-name-due-to-potential-trademark-conflict-with-specialized-49504

it is kind of funny how a corporation can tell you cant use the name of a
city in France that existed before that company did. its what Budweiser did
as well

On Sat, Dec 7, 2013 at 8:44 AM, Brendon Gallant wrote:

> Specialized sucks because that guy couldn't do his due diligence before
> opening his wheel brand and shop?
>
> You don't make much sense to me.
>
> Sent from mobile
> On Dec 7, 2013 7:39 AM, "Don Joling" wrote:
>
>> The owner of this little shop in Canada is a friend of mine. Read the
>> article, spread the word.
>>
>> http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>>
>> Thanks,
>> -don
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>


OK.  Assignee Advanced Sports, Inc. apparently imports Fuji bicycles.  So Fuji owns the federal registration of Roubaix

On Saturday, December 7, 2013 9:38 AM, EAL wrote:

It's interesting that a USPTO search comes up with this http://tess2.uspto.gov/bin/showfield?f=toc&state=4808%3Aypwpo.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl%7E%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=Roubaix&p_tagrepl%7E%3A=PARA2%24COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query
 
Yes, I know trademark can be based on Federal (Lanham Act), state statute or common law, but I'd have expected Specialized to have federally registered the mark.  (of course, I might have missed it in my quickie search). 
 
It's also interesting that a company named Toshoku (importer of food and bicycles) has that name.  Does anyone know who they are?

On , EAL wrote:

I think this is pretty weak of Specialized and there's a good chance Specialized would lose this case.  They key to trademark infringement is does the use create confusion as to the quality or source of goods or services?  Nothing about this particular use of Roubaix gives any confusion with Specialized particular model of bike. 
 
How about THIS, for example?  Trademark infringement?  http://www.the-bike-expert.com/fuji-roubaix-2013-review

On Saturday, December 7, 2013 8:44 AM, Brendon Gallant wrote:

Specialized sucks because that guy couldn't do his due diligence before opening his wheel brand and shop?
You don't make much sense to me.
Sent from mobile
On Dec 7, 2013 7:39 AM, "Don Joling" wrote:

The owner of this little shop in Canada is a friend of mine. Read the article, spread the word.
>http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>
>Thanks,
>-don
>_______________________________________________
>OBRA mailing list
>obra@list.obra.org
>http://list.obra.org/mailman/listinfo/obra
>Unsubscribe: obra-unsubscribe@list.obra.org
>

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org


It's interesting that a USPTO search comes up with this http://tess2.uspto.gov/bin/showfield?f=toc&state=4808%3Aypwpo.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl%7E%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=Roubaix&p_tagrepl%7E%3A=PARA2%24COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query
 
Yes, I know trademark can be based on Federal (Lanham Act), state statute or common law, but I'd have expected Specialized to have federally registered the mark.  (of course, I might have missed it in my quickie search). 
 
It's also interesting that a company named Toshoku (importer of food and bicycles) has that name.  Does anyone know who they are?

On , EAL wrote:

I think this is pretty weak of Specialized and there's a good chance Specialized would lose this case.  They key to trademark infringement is does the use create confusion as to the quality or source of goods or services?  Nothing about this particular use of Roubaix gives any confusion with Specialized particular model of bike. 
 
How about THIS, for example?  Trademark infringement?  http://www.the-bike-expert.com/fuji-roubaix-2013-review

On Saturday, December 7, 2013 8:44 AM, Brendon Gallant wrote:

Specialized sucks because that guy couldn't do his due diligence before opening his wheel brand and shop?
You don't make much sense to me.
Sent from mobile
On Dec 7, 2013 7:39 AM, "Don Joling" wrote:

The owner of this little shop in Canada is a friend of mine. Read the article, spread the word.
>http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>
>Thanks,
>-don
>_______________________________________________
>OBRA mailing list
>obra@list.obra.org
>http://list.obra.org/mailman/listinfo/obra
>Unsubscribe: obra-unsubscribe@list.obra.org
>

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org


I think this is pretty weak of Specialized and there's a good chance Specialized would lose this case.  They key to trademark infringement is does the use create confusion as to the quality or source of goods or services?  Nothing about this particular use of Roubaix gives any confusion with Specialized particular model of bike. 
 
How about THIS, for example?  Trademark infringement?  http://www.the-bike-expert.com/fuji-roubaix-2013-review

On Saturday, December 7, 2013 8:44 AM, Brendon Gallant wrote:

Specialized sucks because that guy couldn't do his due diligence before opening his wheel brand and shop?
You don't make much sense to me.
Sent from mobile
On Dec 7, 2013 7:39 AM, "Don Joling" wrote:

The owner of this little shop in Canada is a friend of mine. Read the article, spread the word.
>http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>
>Thanks,
>-don
>_______________________________________________
>OBRA mailing list
>obra@list.obra.org
>http://list.obra.org/mailman/listinfo/obra
>Unsubscribe: obra-unsubscribe@list.obra.org
>

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org


E.Kytola

2013-12-07

That is weak.

Eric Kytola
Owner of Roubaix Construction Inc.

Sent from my iPhone

> On Dec 7, 2013, at 8:38 AM, Don Joling wrote:
>
> The owner of this little shop in Canada is a friend of mine. Read the article, spread the word.
> http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>
> Thanks,
> -don
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org


Don't forget the local version of this story. Remember Mountain Cycle? They had a bike called the Stumptown. Specialized felt it was too close to Stumpjumper and sued. Mountain Cycle tried to fight and folded after an extended legal battle.

On Dec 7, 2013, at 8:44 AM, Brendon Gallant wrote:

> Specialized sucks because that guy couldn't do his due diligence before opening his wheel brand and shop?
>
> You don't make much sense to me.
>
> Sent from mobile
>
> On Dec 7, 2013 7:39 AM, "Don Joling" wrote:
> The owner of this little shop in Canada is a friend of mine. Read the article, spread the word.
> http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>
> Thanks,
> -don
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org


Eric Aldinger

2013-12-07

Funny. I always associated the historical use of the word Roubaix with
Europe and racing. I find it incomprehensible that anyone actually
knowledgeable in cycling would think that a bike brand would have exclusive
rights to a piece of our shared cycling heritage. To try to justify such an
act is shameful. Given the ubiquitous use of the word Roubaix on products
sold by brands with lawyers to defend themselves, this feels like IP
trolling by a company lacking community conscious. I am glad there are so
many other options for distinguished race proven products on the market. No
need to buy from these cretins.

On Dec 7, 2013 8:39 AM, "Don Joling" wrote:
>
> The owner of this little shop in Canada is a friend of mine. Read the
article, spread the word.
>
http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>
> Thanks,
> -don
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org


matt Savage

2013-12-07

Yeah, no shit... That happened to a woman here in Portland and countless
others. They'll destroy anyone in their path, from shop owners to
component manufacturers, to even journalists who post negative reviews or
speak out against them.

I liked the the Bicycling mag article last year that called Mike Sinyard
the "Steve Jobs of the cycling industry..." Yeah, Steve Jobs was unashamed
of blatantly stealing ideas and technologies from competitors, but he never
went out of his way to stifle small business or destroy competitors by
tying them up bankrupting them through litigation.

On Sat, Dec 7, 2013 at 8:38 AM, Don Joling wrote:

> The owner of this little shop in Canada is a friend of mine. Read the
> article, spread the word.
>
> http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>
> Thanks,
> -don
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>


Brady Brady

2013-12-07

And, yet, you make still less sense.

It's a location, not a bike. If that can be copyrighted, it points to (yet another) glaring deficit in our legal system, not a problem with this guy's shop.

What a bunch of tools.

Oh, wait, perhaps "tool" has been copyrighted by someone as well. Better grab my lawyer.

On Dec 7, 2013, at 8:45 AM, "Brendon Gallant" > wrote:

Specialized sucks because that guy couldn't do his due diligence before opening his wheel brand and shop?

You don't make much sense to me.

Sent from mobile

On Dec 7, 2013 7:39 AM, "Don Joling" > wrote:
The owner of this little shop in Canada is a friend of mine. Read the article, spread the word.
http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/

Thanks,
-don
_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org
_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org


Brian OBRA

2013-12-07

Specialized sucks because they trademarked the word Roubaix. Did Trek trademark Portland? Hmmm. Did they? Watch out PBS.

> On Dec 7, 2013, at 8:44 AM, Brendon Gallant wrote:
>
> Specialized sucks because that guy couldn't do his due diligence before opening his wheel brand and shop?
>
> You don't make much sense to me.
>
> Sent from mobile
>
>> On Dec 7, 2013 7:39 AM, "Don Joling" wrote:
>> The owner of this little shop in Canada is a friend of mine. Read the article, spread the word.
>> http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>>
>> Thanks,
>> -don
>> _______________________________________________
>> OBRA mailing list
>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org


Brendon Gallant

2013-12-07

Specialized sucks because that guy couldn't do his due diligence before
opening his wheel brand and shop?

You don't make much sense to me.

Sent from mobile
On Dec 7, 2013 7:39 AM, "Don Joling" wrote:

> The owner of this little shop in Canada is a friend of mine. Read the
> article, spread the word.
>
> http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/
>
> Thanks,
> -don
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>


Don Joling

2013-12-07

The owner of this little shop in Canada is a friend of mine. Read the article, spread the word.
http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-bike-shops-name-after-threat-from-u-s-bike-giant-specialized/

Thanks,
-don