I won't be thinking of buying anything from Specialized...

No_Ta_Doctor
No_Ta_Doctor Posts: 14,652
edited December 2013 in Pro race
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Comments

  • mike6
    mike6 Posts: 1,199
    A big American business bullying the little guy, who would have thought?

    Its the name of a town in France, how can Spesh trademark a place? Also, as has been pointed out, what about Roubaix tights?

    Rank stupidity.
  • RonB
    RonB Posts: 3,984
    Perhaps rockhopper penguins should consider themselves violated.
  • gpreeves
    gpreeves Posts: 454
    Very petty.

    Funny - but not at all surprising - that they've not also gone after the Fuji Roubaix - that would seem a more direct infringement of Specialized's alleged trademark.
  • dave_1
    dave_1 Posts: 9,512
    edited December 2013
    I agree...I wouldn't touch the specialized brand now. Anyone can name their stuff after a town IMO
  • tailwindhome
    tailwindhome Posts: 19,436
    If I was mayor (or the French equivalent) of Roubaix I'd be all over this.
    “New York has the haircuts, London has the trousers, but Belfast has the reason!
  • majormantra
    majormantra Posts: 2,094
    Lots of support on the shop's fb page here: https://www.facebook.com/CafeRoubaix?ref=hl
  • No_Ta_Doctor
    No_Ta_Doctor Posts: 14,652
    Lots of support on the shop's fb page here: https://www.facebook.com/CafeRoubaix?ref=hl

    Nice, might pick myself up a T-Shirt.
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  • thomthom
    thomthom Posts: 3,574
    Best PR available.

    That little shop will soon expand a third floor.
  • Thinking about it, I think fuji gave Specialized the rights to use Roubaix in return for mountain bike technology years ago.

    Still a lot of bullocks though, Tifosi Roubaix glasses anyone?
  • RDW
    RDW Posts: 1,900
    Lots of support on the shop's fb page here: https://www.facebook.com/CafeRoubaix?ref=hl

    ...and it's not looking good for Specialized on their own page:

    https://en-gb.facebook.com/specializedbicycles

    ('Perry Davidson: "Dear Specialized, I represent the letter "S" and as such I am alerting you of the need for you to immediately cease and desist using that letter "S". A simple search of the alphabet would have prevented this, but you have used the letter with impunity"').

    Time to claim this was an 'unfortunate mistake' and climb down gracefully, I think.
  • Isn't there a Claud Butler Roubaix as well?

    This was a huge gaff by Specialized. I don't think I have any of their kit but I've always thought they were pretty clued up...not any more.

    I was thinking of getting one of those helmets that Saxo and OPQS use but that has gone by they wayside as a result of this.
    @JaunePeril

    Winner of the Bike Radar Pro Race Wiggins Hour Prediction Competition
  • rayjay
    rayjay Posts: 1,384
    If I was the owner, simple. Roobay :lol: job done

    The people making these decisions are a bunch self serving cu%%s IMO. A bit harsh?

    I wish Contador rode a different bike. I don't like them.

    No offence but I'm sure Ned Boulting and his type think they are the Bollocks.

    Yes I am being a bit middle ageist even though I am one. Go play golf instead of taking 10 hours to go 70 miles :lol::lol::lol:

    You know what I mean. You've seen them on their specialized roobay with a stack off carbon spacers and their seat so low they may as well just put wheels on their comfy sofa chair at home :lol: That's what image Specialize conjure up in my mind.

    bring it .....errrr I think.
  • deejay
    deejay Posts: 3,138
    It seems to me that their case is about two words "Roubaix Bicycle", so he has a couple of choices to change the name.
    Roubaix Cafe Bicycle Studio.
    Roubaix Cafe
    Paris-Roubaix Cafe
    Roubaix Cafe Studio
    Roubaix Cafe Studio for Bikies
    The Bicycle Cafe Studio Roubaix

    If "S" still want to sue then their job will be harder, I would think.
    Dan Richter, owner of the Cafe Roubaix Bicycle Studio, received a letter from lawyers representing Specialized demanding he change his business's name because the bicycle company owns the trademark of the word "Roubaix", a model of bicycle in the company's line.
    Organiser, National Championship 50 mile Time Trial 1972
  • the shop owner should be thanking Specialized for all the free advertising this has given him,
  • the shop owner should be thanking Specialized for all the free advertising this has given him,


    Well, it's the only place I'll be going for my cycling needs next time I'm in Cochrane, Alberta
  • rayjay
    rayjay Posts: 1,384
    I want to take back I that I am middle aged . George Osbourne the evil money overlord is the one I have to sort of ,,,well I wont thank him but he made a statement etc.
    You have to be at least 50 now to be middle aged.

    I know no one cares but it makes me feel better to write it down.
  • markwb79
    markwb79 Posts: 937
    So Cancellara didnt win Roubaix then?

    His tyres were Roubaix tyres, his result should be void. There really are a million examples of why this is so rubbish.

    Its a bonkers world we live in.
    Scott Addict 2011
    Giant TCR 2012
  • Markwb79 wrote:
    So Cancellara didnt win Roubaix then?

    His tyres were Roubaix tyres, his result should be void. There really are a million examples of why this is so rubbish.

    Its a bonkers world we live in.

    Actually it's not bonkers.

    US trademark law forces you to protect your trademarks or they are released, passed on and/or claimable.

    So they have to defend it. A better solution might be to negotiate with the cafe and say have him pay a nominal $1 licence fee per year.

    But Speclized have little choice here. They can't afford to lose the name. Once gone. Gone for good.

    He emotive aspect appears to be upsetting people but is of little relevance.
  • Markwb79 wrote:
    So Cancellara didnt win Roubaix then?

    His tyres were Roubaix tyres, his result should be void. There really are a million examples of why this is so rubbish.

    Its a bonkers world we live in.

    Actually it's not bonkers.

    US trademark law forces you to protect your trademarks or they are released, passed on and/or claimable.

    So they have to defend it. A better solution might be to negotiate with the cafe and say have him pay a nominal $1 licence fee per year.

    But Speclized have little choice here. They can't afford to lose the name. Once gone. Gone for good.

    He emotive aspect appears to be upsetting people but is of little relevance.

    You need to think future state also. What say this guy starts with wheels then he builds bikes etc etc etc.

    And one day his Roubaix is a direct competitor etc. to Speclized? It would be corporate stupidity to have let the name slip 10 years prior.

    The fact that he is a war veteran and is a small business owner unfortunately means little. Well it means nothing.

    Cafe owner needs to settle or change his name.
  • markwb79
    markwb79 Posts: 937
    Markwb79 wrote:
    So Cancellara didnt win Roubaix then?

    His tyres were Roubaix tyres, his result should be void. There really are a million examples of why this is so rubbish.

    Its a bonkers world we live in.

    Actually it's not bonkers.

    US trademark law forces you to protect your trademarks or they are released, passed on and/or claimable.

    So they have to defend it. A better solution might be to negotiate with the cafe and say have him pay a nominal $1 licence fee per year.

    But Speclized have little choice here. They can't afford to lose the name. Once gone. Gone for good.

    He emotive aspect appears to be upsetting people but is of little relevance.

    Ah the JTL troll - great admirer of your work.

    welcome to another tread
    Scott Addict 2011
    Giant TCR 2012
  • RichN95.
    RichN95. Posts: 27,253

    US trademark law forces you to protect your trademarks or they are released, passed on and/or claimable.

    So they have to defend it. A better solution might be to negotiate with the cafe and say have him pay a nominal $1 licence fee per year.
    Even if you were right, which you aren't, US trademark law doesn't apply in Canada.
    Twitter: @RichN95
  • dabber
    dabber Posts: 1,978
    I blame Wiggle. They'd better be careful with their gilet.

    http://www.wiggle.co.uk/dhb-windslam-roubaix-gilet/

    and countless other cycling related items. What a farce.
    “You may think that; I couldn’t possibly comment!”

    Wilier Cento Uno SR/Wilier Mortirolo/Specialized Roubaix Comp/Kona Hei Hei/Calibre Bossnut
  • RichN95 wrote:

    US trademark law forces you to protect your trademarks or they are released, passed on and/or claimable.

    So they have to defend it. A better solution might be to negotiate with the cafe and say have him pay a nominal $1 licence fee per year.
    Even if you were right, which you aren't, US trademark law doesn't apply in Canada.

    Smart guy.

    And that's why they registered it in Canada as well.

    http://www.cipo.ic.gc.ca/app/opic-cipo/ ... exOnPage=1

    The rule will apply. They have to enforce the trademark.

    If your name is confusingly similar to a trademarked name and you sell conflicting goods and/or services, you are running a very significant risk that the owner of the trademark could proceed with legal action against you.

    Life is not fair, unfortunately.

    Like I said a negotiated settlement would work whereby if Mr. Bike Shop owner became too big he'd forgo the name.

    Perhaps a message for buddying entrepreneurs. Trademark your name.
  • mike6
    mike6 Posts: 1,199
    Dabber wrote:
    I blame Wiggle. They'd better be careful with their gilet.

    http://www.wiggle.co.uk/dhb-windslam-roubaix-gilet/

    and countless other cycling related items. What a farce.

    Exactly. They may just be able to trademark a "Bike" called a Roubaix, but that's it. The big boys work on the theory that they can afford to take this to court, the little guy cant. I hope he gets the cash to fight them in court and the judge rightly kicks it out and awards him costs, and admonishes Specialized for wasting the courts time.
    Obviously this wont happen, but I dislike all bullying.
  • mike6 wrote:
    Dabber wrote:
    I blame Wiggle. They'd better be careful with their gilet.

    http://www.wiggle.co.uk/dhb-windslam-roubaix-gilet/

    and countless other cycling related items. What a farce.

    Exactly. They may just be able to trademark a "Bike" called a Roubaix, but that's it. The big boys work on the theory that they can afford to take this to court, the little guy cant. I hope he gets the cash to fight them in court and the judge rightly kicks it out and awards him costs, and admonishes Specialized for wasting the courts time.
    Obviously this wont happen, but I dislike all bullying.


    Bet it wont come to that, mike. With all the social media backlash, I bet Spesh drop it
  • RichN95.
    RichN95. Posts: 27,253
    Smart guy.

    And that's why they registered it in Canada as well.

    http://www.cipo.ic.gc.ca/app/opic-cipo/ ... exOnPage=1

    The rule will apply. They have to enforce the trademark.
    And Canadian law will apply to that mark, not US law.
    No right holder is going lose their right if don't sue everyone. That only happens if they neglect the mark entirely and it falls into common usage.
    And in this case, due to the strong prior connection between the mark and cycling they would have to show a level of confusion on behalf of the consumer, which is unlikely.
    Twitter: @RichN95
  • mike6 wrote:
    Dabber wrote:
    I blame Wiggle. They'd better be careful with their gilet.

    http://www.wiggle.co.uk/dhb-windslam-roubaix-gilet/

    and countless other cycling related items. What a farce.

    Exactly. They may just be able to trademark a "Bike" called a Roubaix, but that's it. The big boys work on the theory that they can afford to take this to court, the little guy cant. I hope he gets the cash to fight them in court and the judge rightly kicks it out and awards him costs, and admonishes Specialized for wasting the courts time.
    Obviously this wont happen, but I dislike all bullying.

    No that's not the case.

    They have to "maintain rights" to the trademark.

    For example if they don't defend the name they are not just under threat from Mr. Small Business but Trek could bring out a bike called Roubaix and claim the trademark was "forgone" through lack of action on small bike shop. Or what happens if Trek or another bike manufacturer bought the shop!

    What then?

    Whilst everyone loves a David v Goliath story this is not it.

    Put yourself in Specalized shoes. Would you just let it ride?

    No you wouldn't. You'd lose your job.

    Reputation wise this is a disaster for Specalized. They should have negotiated a settlement. But you do have to write a ore-action letter as a first step.
  • RichN95 wrote:
    Smart guy.

    And that's why they registered it in Canada as well.

    http://www.cipo.ic.gc.ca/app/opic-cipo/ ... exOnPage=1

    The rule will apply. They have to enforce the trademark.
    And Canadian law will apply to that mark, not US law.
    No right holder is going lose their right if don't sue everyone. That only happens if they neglect the mark entirely and it falls into common usage.
    And in this case, due to the strong prior connection between the mark and cycling they would have to show a level of confusion on behalf of the consumer, which is unlikely.

    Perhaps leave this to those proficient in trademark law rather than a 7 minute fumble on a Google, yes?

    Out of depth, I'd say so.
  • ddraver
    ddraver Posts: 26,697
    I have seriously never come across someone so utterly objectionable as you...
    We're in danger of confusing passion with incompetence
    - @ddraver
  • tailwindhome
    tailwindhome Posts: 19,436
    ddraver wrote:
    I have seriously never come across someone so utterly objectionable as you...

    Aw now. Rich isn't that bad.
    “New York has the haircuts, London has the trousers, but Belfast has the reason!
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