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Specialized Sue Tiny Shop over ridiculous copyright

http://blogs.calgaryherald.com/2013/12/07/war-veteran-forced-to-change-b...

Utter joke from specialized. Just need to look at their facebook page to see the aggro it will cause them.

I will not be buying a single specialized product again and encourage anyone with a moral compass to do the same. I can't believe they hold this trade mark, are they going to sue paris-roubaix next?

Also no sign of road.cc reporting this. Agenda?

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32 comments

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mooleur | 11 years ago
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I was considering a Tarmac. I definitely am no longer considering a Tarmac. >.<

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Tuvelo | 11 years ago
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A really interesting explanation of the legal side - http://redkiteprayer.com/2013/12/the-explainer-because-i-ing-hate-bullies/

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crazy-legs | 11 years ago
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When this story first broke, I checked the Cafe Roubaix twitter account (@CafRoubaix if you're interested) and it had about 120 followers.
Checked again just now and it's at just over 2000!

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peakingintwomonths | 11 years ago
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Just back from the Sunday run, out past the Sewage Works. Thought 'Fellas, better get that sign repaired and repainted or the lawyers from Specialized will be on your backs.'

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Carlton Reid | 11 years ago
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mrmo | 11 years ago
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out of interest, bike shop is in CANADA afaik, how does US law apply??

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Simon_MacMichael replied to mrmo | 11 years ago
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mrmo wrote:

out of interest, bike shop is in CANADA afaik, how does US law apply??

It doesn't. Specialized have Roubaix registered as a trademark in Canada, that's what their threat of legal action is based upon.

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allez neg replied to Simon_MacMichael | 11 years ago
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Simon_MacMichael wrote:
mrmo wrote:

out of interest, bike shop is in CANADA afaik, how does US law apply??

It doesn't. Specialized have Roubaix registered as a trademark in Canada, that's what their threat of legal action is based upon.

Its not even a real country anyway.  21

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Gman59c | 11 years ago
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They're taking a slaughtering on Facebook, cannot believe they haven't posted some sort of statement. You can imagine their PR\legal teams pacing about the office going "shit, shit, shit, shit...... shit, shit, shit..". Spectacular own goal!!

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Northernbike | 11 years ago
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There are some great comments on their company facebook page such as 'my shop sells badly designed over priced chinese made crap so I hope you don't sue me for breach of copyright as well'.

https://www.facebook.com/specializedbicycles

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Tuvelo | 11 years ago
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For those of us wondering about the rights and wrongs of the claim have a look at the TM registration: http://www.cipo.ic.gc.ca/app/opic-cipo/trdmrks/srch/vwTrdmrk.do?lang=eng...
Spec TMed " (1) Bicycles, bicycle frames, and bicycle components, namely bicycle handlebars, bicycle front fork, and bicycle tires. " so not wheels, clothing, cuddly toys nor retail outlets. If the shop could afford to fight, as his lawyer said, they might well win.

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Leviathan replied to Tuvelo | 11 years ago
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Tuvelo wrote:

If the shop could afford to fight, as his lawyer said, they might well win.

Perhaps a certain european town council* could support him.

*Not Stoneybridge

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arfa | 11 years ago
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This is possibly going to go down as one of the great corporate pr disasters, up there with Ratner and his prawn sandwich, the difference being this is just naked corporate aggression.
It is notable that the company's twitter feed has gone silent as I expect the board are going to have to put out a grovelling apology on Monday morning and make some major gesture.
Cyclists do seem to have embraced social media rather alot and specialized have been playing along. They really underestimated this one though.
As a roubaix rider I hope they do the right thing, otherwise I might just have to change bikes - that cannondale synapse really sounds like a good replacement.....

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jmaccelari | 11 years ago
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More bad PR for Specialized. Not a clever move from a not nice company founded on nicking Tom Ritchey's design and mass producing it in Japan. Another reason to avoid them...

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badback | 11 years ago
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Not defending Spesh but they are probably originally got excited because the guy sells wheels with Roubaix written on them and then their lawyer got carried away.

They would have difficulty chasing Endura etc because their trademark registration is not registered for the trademark class for clothing. (Only for protective clothing in the EU) probably because MITI produce roubaix fabric and have done so for ages.

It stinks though because I can't see a small Canadian bike shop having an impact on their global brand unless his sales really take off.

IMHO the only winners will be Spesh's lawyers and it's totally out of order them expecting the guy to change the name of his business.

A bit cheeky to seeing as Spesh 'borrowed' the name in the first place from one of the spring classics.

Anyone any clues if there is an agreement between Spesh and Fuji on the use of Roubaix for bikes.

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FluffyKittenofT... | 11 years ago
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I'm particularly annoyed as I recently attempted to purchase a region of France as a holiday home - imagine my disappointment when I ended up with a road bike.

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Flying Scot | 11 years ago
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Idiots, I could see their point if the guy was using their font, but surely one may name their shop after the most famous of the one day classics.......who would name their shop after a mass produced comfort orientated plastic frame.......

I will avoid any of their kit in future, not that I'm a big customer anyway.

Feel free to visit my strip club....Sinelli....

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Argos74 | 11 years ago
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I can see this article being added as a comment to any and all future reviews of Specialised products. They may do decent bikes, but things like this are free advertising for their competitors.

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Jimmy Ray Will | 11 years ago
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I would certainly confirm that my opinion has been unsalvagably lowered. Won't Be rushing to buy a specialized any time soon.
Tomorrow's club run will be fun, as one of our group is a total spec uber fan. He'll have some argument for why specialized are the hero in this.

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crazy-legs replied to Jimmy Ray Will | 11 years ago
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Jimmy Ray Will wrote:

Tomorrow's club run will be fun, as one of our group is a total spec uber fan. He'll have some argument for why specialized are the hero in this.

Problem is more the broken system that allows a company to trademark the name of a Northern French town. Firstly, the trademark only applies in the US (which is why Endura can happily name their jacket "Roubaix" without any problems) but secondly, under US law, you have to defend that trademark.

So if they don't defend it, they're in breach of their trademark agreement. Bonkers system. It's not just Specialized, this kind of thing goes on all the time in corporate world.

Edit: I should add that, also under US law, when you set up a company/shop etc, you're supposed to check that no part of your company/shop name is trademarked. But basically all this does is allow lawyers on all sides to line their pockets. Just a bit of a rubbish system.

Anyone remember the similar stories reported at the time of the Olympics with one cafe famously told to stop serving its "Olympic Breakfast"? Same principle.

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peakingintwomonths replied to crazy-legs | 11 years ago
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Crazy legs wrote:
"Firstly, the trademark only applies in the US (which is why Endura can happily name their jacket "Roubaix" without any problems)"
"secondly, under US law, you have to defend that trademark. So if they don't defend it, they're in breach of their trademark agreement."

Firstly, Cochrane (where this bike shop is located) is in Canada. Don't think the US owns that yet.

Secondly, I'm not a US patent lawyer but I have read some of the comments below the article in the link. To quote one "Specialized's lawyer is full of crap. They don't have to sue. They can sign a trademark coexistence agreement."

Can't defend the indefensible - basically it is American corporate greed and bullying the little guy. I'm not a big Specialised fan anyway, but will avoid them now.

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crazy-legs replied to peakingintwomonths | 11 years ago
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peakingintwomonths wrote:

Can't defend the indefensible - basically it is American corporate greed and bullying the little guy. I'm not a big Specialised fan anyway, but will avoid them now.

Wasn't defending what they were doing at all, simply stating the facts of trademark infringement as it applies in US law. As I said, its a bonkers system that simply keeps lawyers in business.  2

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bashthebox | 11 years ago
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Fuck em. I think the most I've bought from them in the past is bar tape - though my ex had an allez - but that's the last they'll get from me. They can issue the most heartfelt apology and it still won't count for anything.

OH BOLLOCKS I've just remembered I use a Spesh Toupe for my saddle. BOLLOCKS.
What's like a Toupe but isn't Spesh?

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Goldfever4 | 11 years ago
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I think he would have lost the case (Depends on the Canadian legal system), but in my mind, anyone who associates 'Roubaix' with Specialized is going to know enough about cycling to also know about Paris-Roubaix as well, and thereby won't confuse the LBS with Specialized...

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Simon E | 11 years ago
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Unnecessary show of corporate muscle, this will do them no favours.

But Specialized have a history of this kind of aggression.

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allez neg | 11 years ago
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I like Specialized rather less now than I did before. What a cunch they are.

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Tuvelo | 11 years ago
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The bike shop has a message of support on their FB page from Greg Lemond, who knows how it feels to be bullied by big bike companies.

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Neil753 | 11 years ago
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Good luck to the fella. I hope all the publicty does his business a power of good.

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Simon_MacMichael | 11 years ago
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"Also no sign of road.cc reporting this. Agenda?"

Other than finding it difficult to write two articles simultaneously, no  3

We were aware of it and it's on the news list to do, but it's always good that people flag things up in the forum, so thanks.

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jason.timothy.jones | 11 years ago
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well they are now on my list.....i suggest anyone that has any sense of what right post on there facebook and twitter, and do the same to there sponsored riders

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