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Specialized and doing the right thing
Last Post 01/03/2014 07:17 AM by entheo genic. 73 Replies.
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longslowdistance

Posts:630

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12/09/2013 04:06 PM
and more:

http://www.ebay.com/itm/One-Less-Specialized-Bicycle-Frame-Sticker-/321270838438?pt=LH_DefaultDomain_0&hash=item4acd3bf4a6
Cosmic Kid

Posts:1055

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12/09/2013 04:22 PM
@ JRT - To the best of my knowledge, Specialized never went after all 4 pivot designs, only those that utlized a chainstay pivot. If suppliers changed the location to the seatstay (a very common practice) Specialized had no grounds for the case.

From a drivetrain efficiency perspective, the Horst link design was clearly the best of the bunch, and one reason why Specialized over-litigated the patent, IMO. They ahd the "best" design and they knew it....but the also knew that the key was the chain stay pivot, even thought he patent clearly identified 2 components.
Just say "NO!" to WCP!!!!
Entheo

Posts:317

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12/09/2013 05:13 PM
riffing on yo mike's theme...

longslowdistance

Posts:630

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12/09/2013 07:14 PM
One more, a Specialized faceplant on the cobbles, how perfect for this thread:
 
Cosmic Kid

Posts:1055

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12/09/2013 11:53 PM
Hmmmmm....that pic from LSD may be very appropriate.....

http://www.bicycleretailer.com/north-america/2013/12/09/asi-says-calgary-bike-shop-can-use-roubaix-name#.Uqacs7e9KSP

Could be a massive faceplant for the big S.....

Wouldn't it be hilarious if ASI rescinded their agreement?
Just say "NO!" to WCP!!!!
winterale

Posts:43

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12/10/2013 12:22 AM
BREAKING NEWS! http://www.bicycleretailer.com/north-america/2013/12/09/asi-says-calgary-bike-shop-can-use-roubaix-name#.Uqajs_RDt1e

" Specialized Bicycle overstepped its bounds when it registered the Roubaix trademark in Canada and then tried to prevent a Calgary retailer from using the name, Advanced Sports International’s CEO told BRAIN on Monday".
79pmooney

Posts:1095

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12/10/2013 02:10 AM
Thanks CK and winterale. I have always had a soft spot for Fuji, sporting their/NEBC club jersey '76, racing its Professional '77-8 and working at the flagship dealer '77. I have followed them loosely since them adn always felt I was watching a well run, responsible company. I know nothing of ASI but assumed Fuji would partner up to or sell out to a company with their best interests in mind and one that had some level of heart. This confirms my belief.

To me, ASI's statement says a lot:

"While ASI does have the authority to object to Mr. Richter’s use of the name and while we at ASI understand the importance of protecting our bicycle model names, we believe that Mr. Richter did not intend for consumers to confuse his brick-and-mortar establishment or his wheel line with our Roubaix road bike. And we believe consumers are capable of distinguishing his bike shop and wheel line from our established bikes.”

and "We have reached out to Mr. Richter to inform him that he can continue to use the name, and we will need to license his use, which we imagine can be done easily".

Doing the right thing isn't hard. This blew up over last weekend and it took ASI what, 7 hours after opening on Monday to set things straight.

Ben
Inferno7

Posts:236

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12/10/2013 05:42 AM
Update.

http://bicycleretailer.com/north-america/2013/12/09/asi-says-calgary-bike-shop-can-use-roubaix-name#.Uqbsjmt5mSO
Entheo

Posts:317

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12/10/2013 07:59 AM
doh! specialized gets b*tchslapped by ASI.

what a PR debacle, and the very definition of hubris.
Inferno7

Posts:236

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12/10/2013 08:43 AM
Oops on posting something that was already posted. Now I'm conflicted, I love my Specialized saddle and my shoes but I do not want to own anything Specialized.
bobswire

Posts:290

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12/10/2013 09:01 AM
http://www.bicycleretailer.com/north-america/2013/12/09/asi-says-calgary-bike-shop-can-use-roubaix-name#.Uqcd6I3e4T6
Take That Specialized!!!! ASI says Calgary bike shop can use Roubaix name

Drats! Never mind CK beat me to it again.
Cosmic Kid

Posts:1055

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12/10/2013 11:41 AM
As a side note - this may not be over. ASI may have overstepped their limits on their press release. See the below post from a Canadian lawyer on Slowtwitch:

It is not uncommon for two parties that have a trade-mark dispute to reach an agreement between themselves that divides up the world with each acknowledging the other's rights in their respective territories. Take a look at http://www.scrabble.com to see how this has been implemented in the case of the Scrabble trade-mark.

Such an agreement might even have a clause that says that neither party will seek to register a trade-mark in some parts of the world where they both operate - that might be what ASI is suggesting here. This does not, however, create "worldwide trade-mark rights" - it is just an agreement between the two parties. It has no effect against other people.

If Specialized and ASI agreed between themselves not to register "Roubaix" as a trade-mark in Canada, then ASI has whatever remedies the agreement and the law of contract gives them. It does not by itself, though, invalidate Specialized's registration. It would be up to ASI or Cafe Roubaix or some other "interested party" to bring a court application to strike out the registration on whatever grounds they believe they have under Canadian trade-mark law.


Now, if they were smart, Specialized would just use this as their opporunity to bow out and save whatever face they can at this point.
Just say "NO!" to WCP!!!!
CERV

Posts:151

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12/10/2013 12:10 PM
"if they were smart"

What's the definition of stupid? Doing the same thing twice and expecting a different result.
The internets will eat them alive if they decide to now take on ASI instead of bowing out with their tail between their legs..
Interesting move by ASI to wade into this ugliness.
longslowdistance

Posts:630

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12/10/2013 12:48 PM
It was just a matter of time. The Onion weighs in:

http://www.theonion.com/articles/tanzania-loses-name-to-tanningsalon-chain,701/
79pmooney

Posts:1095

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12/10/2013 01:08 PM
Whatever the legal ramifications, ASI has shown that there is a very different way of operating and I suspect will benefit at the bottom line from it. Suddenly, there is a reason to ride their brand, Fuji, with pride. (Fuji owners actually have been doing that a long time, Fuji makes good bikes, but now they can wear that pride on their sleeve.)

And the actual law really doesn't matter here. No one is going to court. It is all about perception. Specialized correctly guessed that the perception of them being a giant who can squash this bike shop like an ant would get that shop to quietly change their name. This went viral and all of a sudden the perception was that Specialized was behaving as a bully. (All the past cases that have been drug up since this came out hasn't helped Specialized.) And ASI steps in with words that are perceived to be far more just and kind. (I used the words "kind, Christian and caring" in start of this thread.) ASI is perceived as a company people would like to be associated with. Because of perception, this little bike shop will keep its name. ASI will win some at the dealership/sales/bottom line and Specialized will lose some. (And there will be some serious hand wringing and finger pointing at Specialized I'll bet. Probably not a fun place to be right now.)

Ben
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