Specialized, Mountain Cycle disagree on “Stumptown”

i think they’re being retarded.
I don’t even relate the two names, but that could be because i’m from portland.. so.
Do both the bikes look similar?(i can’t look at pictures at work). if not, i see no issue. if they do, well that’s something i can understand them having an issue with, but I still think it’s retarded.

So I’m pretty sure Portland is Stumptown.So considering that I think someone is being a tad bit We Todd Did, Sofa King style.

Bad case for Specialized, I think.

Totally different. It woud be nice to *mess* (edit) with ’em, maybe come out with *edited* or an “Alley” I really don’t think specialized can own a “sounds like” name.

Brian, just to be clear, no lawsuit has been filed yet.

I own a mountain cycle frame,I am building it up now..
I would hate to see the stumptown name go away.

http://www.flickr.com/photos/dontbecreepy/sets/687084/

I have loved the stumpjumper for twenty years,and think Specialized shouldn’t be faulted for wanting to protect the image of the first commercially successful mountain bike. But, it’s absurd to think the folks would confuse the two bikes on either the name or use. You’re definately not going to accidently purchase the wrong bike because of the name, and the name won’t damage the stumpjumper’s reputation.

Specialized’s legal department is obviously following through on its New Year’s resolution to file at least one frivolous lawsuit this year… See their suit against Epic (now Everti), or Scott, etc.

http://www.bustedspoke.com/newsMore.php?nk=2109
http://www.evertibikes.com/news.htm

Maybe if the name was StumpHopper or StumpLeaper or any other Stump___er type word, but c’mon?! You can’t claim that a dissimilar bike, with a name rooted in history has anything to do with their StumpWhatever bike.

Maybe just call it the Mountain Cycle Stumped?

I am disgusted at Specialized. I will never buy one of their bikes again. This silly situation is almost as bad as the TREK “Portland” which has no economic connection to our community. I just brought a Stumptown from CYCLE PATH off MLK in Ne Portland. (Most friendly and buy local/ sustainable / environmentally friendly bike shops in PDX.) My buddy brought one as well to support the local bike economy. I live around the corner from Mountain Cycle’s production facility and am proud to have their high quality bompproof frames made here.

I suggest everyone rise to the occassion and call Specialized today. here is the detail from their web site.

Specialized Phone Numbers
The Specialized toll-free Customer Service phone number is (877) 808-8154. The main Specialized phone number is (408) 779-6229.

Buy USA it is good for you , your kids future and the environment. The same BS goes on in the skatebaord industy by all the big Cali companies outsourcing production over seas to sweatshops.

I’m behind Mountain Cycle 110% on this one. And HEY!!! , when is Trek going to give us that cool Million $$$ for the BTA for using our City’s name on their new bike??????

Lucky they didn’t name it the “StumpStrong”. They’d get their pants sued off by Lance LegStrong, too.

VERY petty! but what more would you expect from them? I guess they need to get their requisite number of lawsuits each year to keep their legal team happy. There’s a rumor going around that Mike Sinyard just attended a house warming party for his lawyer in Vail Colorado…..
was ken mcclenahan there too?

I think Specialized is being a bully. An idiotic, petty, overly-litigous (sp?) bully. For that matter, I think Trek is being a little dumb. Calling a bike “Portland” and not supplying full fenders on the thing? And [long rant removed by author]??!!!

OK. All steamed up. Gonna email Specialized right now.

Thanks Jonathan for bringing this to our attention and Etta for writing an excellent letter. –patrick

My letter to Specialized:

Specialized Marketing: I am a real Specialized fan, BUT I think you are being bullies, all wrong on messing with the name “Stumptown” by Mountain Cycles. I have three Specialized bikes, but will get no more if you do not back down on this one. This issue is just too stupid to even bother with such a lawsuit.

I am sure that Mountain Cycles naming a bike after our cities nick name will have such a tiny effect on your market share as to be immeasurable. If you do take them to court, the effect will be measurable from me, no more Specialized bikes in my collection. I have crossed America on a Specialized and have three of them. If you make the law suit, no more new ones, and I will paint the ones I have, covering the logo.

Do not know what I will do with the tattoo I have. Like I say, a real fan, but don’t do this, bad marketing to mess with the little guy. A local BLOG has already affected your otherwise good press. – Mr Bob

(PS: Open letter, anyone free to publish, important topic)

anyone have the customer service email address? Specialized’s web site appears to be overloaded with traffic just now… 🙂

UPDATE:

A little history on the nick name of STUMPTOWN. Our fair City is affectionately known as “Stumptown”from an episode early in our history. All the wonderful trees were cleared early in our City’s history by the first white settlers to move out West. The early Portland landscape was described as a barren land of not trees but rather STUMPS, hence the name STUMPTOWN.

Now that I shared the silly tid-bit of info, let me clarify my own protest at this corporate bike manufacturer. I am so offended by this insult to our well educated, community oriented, bike friendly City that WE affectionately call “STUMPTOWN”, that I am doing my own CLEAR CUTTING. I got home today I began taking my Specialized “Sequoia” bike apart and started to part out the Ultegra shifters and new Mavic wheel set.

I am upgrading my “MOUNTAIN CYCLE STUMPTOWN” with the spare parts as the frame gets relegated to the garage.

Mountain Cycle we love you!!!

Mountain Cycle makes X$ by running a local USA based and environmentally friendly firm while companies like Cali based Specialized make X$ times 100 by demonstrating NO faith in you or your neighbors to manufacture their items.

Sure they make a few items in the good old USA ,Canada or Mexico. But a very insignificant chunck is made in North America.

Its like FUGAZI said in one of their songs: “Its not what they are selling, its what YOU are buying.”

I’m buying another Mountain Cycle this summer!

Thanks to all the active folks taking time to let DE-specialized know not to push our bike community around in PDX.

Specialized – are you reading this?

As another manufacturer in the industry, I wasn’t going to make any comments (I’m scared of lawyers), but the “Stone Thrower” model name idea from Brad made me blow water out my nose and on my screen. Oh, man, that is FUNNY!

It is totally absurd, the names are completely different. Although in the legal world it’s not who’s right, but who has the most cash. Mountain Cycle will have to think about how much they want to spend in Lawyers fees to try to protect the Stumptown name if they file. Crazy stuff really, but I know I won’t be buying any Specialized stuff any time soon. Hopefully specialized will make the right decision and back off.

Just let let y’all know – here’s another letter to specialized…

To: Specialized
CC: Mountain Cycle
Note: Also posted to BikePortland.org

Dear Specialized:

I have recently heard of your threats made towards Mountain Cycle regarding the “similarity” of their bike name “Stumptown” (a cyclocross bike) to your (mountain) bike name “Stumpjumper”. Supposedly your company has threatened Mountain Cycle with legal action if they do not “cease and desist” in using the name “Stumptown” for their bicycle.

While I understand that someone important at Specialized feels that this confusing of perhaps an infringement on your proprietary right, it is not so. “Stumptown” is a nickname for Portland, OR and is used with pride here. Mountain Cycle is a local Portland company, and by common sense has some right to use local names. Specialized is not a local Portland company, and thus should stop hassling our local businesses.

In case you hadn’t heard, Portland has a great (and nationally recognized) bicycle culture, and there are plenty of us. I’m sure that many, many people would be glad to boycott Specialized products should your company continue to try and harm our local economy.

SIncerely,
John

PROTEST PROTEST
This thursday FEB 2nd at 6 Pm TREK is introducing their Portland bike . There will a bunch of elected officals from the city and State present and inside industry connection told they they may be giving bikes to a few City officals to buy them off. This is a form of graft in my mind. It is a great opportunity for folks to voice their concerns about two issues at once and send amessgare to TREK to kick money back to our Bike community and to let BIke GAllery knon we support their sales of Mountain Cycles Not Specialized.

The crappiest thing about the Portland trek Bike introduction is that City Commissioner Randy Leonard, who rarely if ever rides to work , will be on hand to ride the coat-tails of many of our very active Bike advocate officals such as Sam Adams AND Earl Blumenaur. I dont really feel that is very appropriate. What do you think?

So protest Specialized, TREK and support our bike advocate elected officials

Randy Leonard rides his bike to work every day even though he lives in deep east Portland. He’s gotten really into biking in the last year or so.

A number of my professional associates recently went for commuter ride with Commissioner Leonard. Jessica is right, he has recently taken to being a nice advocate for our biking needs.

If you want to see the actual “cease and desist” letter, you can download it here: http://www.matchvideozine.com/MClegal.pdf

Here’s the e-mail for the Legal Director at Specialized who is in charge of this mess: Kim.Arca@specialized.com

I would recommend all of you who sent letters to customer service at Specialized, please resend them to this lady.

Also, if Specialized wants a legitimate fight over their copyrights, they should go after this drink manufacturer that we found in Barcelona last year: http://www.matchvideozine.com/liquidspeed.jpg

Hey everyone- From all of us here at Mountain Cycle, THANKS FOR YOUR SUPPORT!! It means a lot to us, you rock. We love living, working and riding here in Portland… and we’re proud to have the Stumptown name on our cross bike.
Thanks again-
Rob

Thanks for the support everyone! We are glad to know that the community is behind us on this issue. This is what Portland is all about!
Stumptown rules!!!

BikeBiz, a major bike industry media outlet (print and web) has picked up the story and I expect Bicycle Retailer and Industry News to publish a story on their site tomorrow.

It seems like Bianchi should have a Cross Concept with Surly’s Cross Check.

Ridley has the Crossbow and the Crosswind – is it save for Gunnar be allowed to have the Crosshairs?

Subject: Pissed in Portland

Dear Specialized-

I’m sure your customer service department has heard the roars of indignation coming from the Pacific northwest, and I am writing to join in the fray. There is absolutely no merit in threatening legal action over the use of the model name “Stumptown” by a Portland, Oregon, company that builds bikes.

As I am sure you have been informed already, the nickname “stumptown” was bestowed upon Portland in its early days as a pioneer town. I would be willing to hunt down thorough documentation regarding etymology, although I do not have it at my fingertips as I write. Documentation would prove that the phrase was coined before 1923, and like most creative expressions created in the United States before that date, is public domain.

I invite you to look at the following image, from 1857, which shows one of many photos of our “stumptown” and retells the story that nearly every Portlander knows:
http://www.ohs.org/education/oregonhistory/historical_records/dspDocument.cfm?doc_ID=00082B57-4034-1E8B-891B80B0527200A7

Thus, we have local businesses with names such as Stumptown Roasters, Stumptown Printers, and Stumptown Media. Local media regularly use the phrase, flavoring references to our city in the days of yore.

Are you going to send a cease and desist order to them as well? Is it really worth the time and money spent on your legal department (not to mention bad PR in a great cycling market!), to pursue such a futile case? Is this small company that much of a threat to your multinational, multi-million dollar business?

If anything, hearing this news has just reminded me how important it is to support local business, instead of supporting McCompanies like Specialized which only aim to squeeze the little guy out for their own gain.

Wow, Shirley! Rock… ON! I aspire to writing such poetically scathing letters.

Still no word from Specialized or their rock-throwing department since I emailed two days ago, called yesterday, and also emailed the legal dept. yesterday.

You know, it seems that so often this whole trademark thing comes up and companies act, based not on whether they will actually be harmed, but simply based on the fact that they have the legal right to do so.

Combine that very human tendency with the fact that there are lawyers in Specialized’s employ, who get a paycheck, and have the very human tendency to justify their employment.

So at no point does anyone actually pause and consider, “are we really going to be harmed by this?” Not to mention, “will our response cost us more business than trademark ‘confusion’ ever could.” To me, this whole Specialized thing is the perfect example of this dynamic.

Specialized is defending their trademark, ’cause they’ve drunk the Kool-Aid and take as gosepel the notion that similar names = loss of money. When what, at this point, they should be more concerned with what is happening to their “good” name. Because of their heavy handed tactics, they are getting trashed by the very people they need to be befriending. They are, as is often said, cutting off their nose to spite their face.

Dear Specialized, get over it. A bike called “Stumptown” will not harm you. We, the cyclists of Portland, enraged by your attempt to own the nickname of our town, will. Back the hell off.

H.

I have to say, I am really enjoying the eloquent, passionate, creative letters that y’all are sending Specialized. It seems like the perfect expression of Portland’s – sorry, Stumptown’s – homegrown bike culture. Keep it up!

Dear bike friends at Specialized,

I have to say, I’m really dismayed that you’ve decided to target our homegrown bike company Mountain Cycle because you seem to think people will get “Stumptown” mixed up with “Stumpjumper.” Mountain Cycle is a small company, and it’s 100% clear that their product is different from yours.

Stumptown is a well-known nickname for Portland, and we’re pretty into bikes here. in fact, I wouldn’t be suprised if the Portland market turned a nice profit for your company. So why are you acting like a big bully? The word’s getting around the Portland bike community, and it’s starting to spread beyond, and it’s really not making you look very good. I know plenty of folks who are disgusted and say they’ll make a point of not buying a Specialized if you go through with this.

I hope you’ll reconsider this suit. It’s really not worth it, and I can guarantee you it’s already cost you more customers than the three IQ-challenged customers who accidentally buy a Mountain Cycle Stumptown when they meant to buy a Specialized Stumpjumper.

Cheers,
Freddy

The word on this story continues to spread. Here’s a link to Bike Sport News, a German outlet (translation anyone?) and I also noticed this post in the VeloNews forums.

Perhaps we (Portland cyclists) could file something like a class action suit against Specialized for using our town’s nickname on their product?

There’s a new post about this whole imbroglio at http://www.Bicyclemarketingwatch.blogspot.com.

It has interviews with local shops, more on the email exchange between Specialized lawyers and Mtn. Cycle, and links to http://www.UrbanDictionary.com‘s definitions for “Stumptown” and “Stumpjumper.”

There’s also a bit about this at BicycleRetailer.com.

And here’s the permalink to the post mentioned above at Bicycle Marketing Watch.

Dear Specialized,

I’m sure you and your customer service department have heard the uproar coming from Portland(or as we affectionately call it “Stumptown”). I am writing to join in the fray. There is absolutely no merit in threatening legal action over the use of the model name “Stumptown” by a Portland, Oregon, company that builds bikes.

I’m a daily commuter, racer & cycling enthusiast. I’ve owned admired and owned many Specialized products over the years (Including but not limited to an S-Works mountain bike & a Allez Pro Road bike as well as uncountable saddles, tires, gloves, computers, etc.). This type of behavior is what prevents my conscience from shopping at places like Walmart. (Strong arming the little guy). I still believe you create a quality product, however I am inclined to spend my cycling dollars elseware – which over the years has been fairly signicant. Don’t you think that your customers are intelligent to know the difference between a mountain bike produced by the “Big S” and a Cyclocross bike? Specialized obviously needs learn not to cut off their nose to spite their face.

As I am sure you know by now, the nickname “Stumptown” was bestowed upon Portland in its early days as a pioneer town.Thus, we have local businesses with names such as Stumptown Coffee Roasters, Stumptown Printers, and Stumptown Media. Local media regularly use the phrase, flavoring references to our city in the days of yore. In addition, Portland hosts the largest cyclocross series in the country ( http://www.crosscrusade.com). Hence, Mountain Cycle chose to honor our fair city with the name “Stumptown” to both honor our heritage & our continued success in cyclocross.

While you are at it, are you going to go after Rocky Mountain or Rock Lobster for infringing on the Hard “ROCK” name.

Besides, doesn’t Mountain Cycle’s parent company (Kinesis USA) supply parts & possibly frames for many of the bikes in your line? I know my Allez had a Carbon Kinesis fork. Are you really willing to alienate your suppliers?

I know you will do the right thing,

Regards,

Daniel Porter
Portland OR.

Oooh, issue me that challenge and I have to accept! Here’s a translation of that German story:

Warning: Beware of mixing up Stumpjumper and Stumptown

2/2/2006

Since 2003, Portland-based bicycle manufacturer Mountain Cycle has produced a cyclocross bike they named for one of the city’s nicknames: Stumptown. Specialized doesn’t care for this name.

Portland, Oregon, is THE city for cyclocross in America. Thus it’s no surprise that Mountain Cycle (which produces its bicycles in the same workshop as frame manufacturer Kinesis) is offering this homegrown clientele their very own cross bike. They gave the bike a locally ‘patriotic’ name: Stumptown. Stumptown is a historical nickname for Portland, a city founded in the era of Davy Crockett, in the days when the American Civil War was still far in the future. The first settlers named the place “the clearing,” and in this clearing there were, presumably, any number of stumps to be found. The brave pioneers were thus required to be “stumpjumpers” of one kind or another, but that’s another story…

In any case, back in the present day: Specialized’s lawyers have issued a cease-and-desist order to Robert Reisinger, proprietor of Mountain Cycle, which compels the company to stop using the Stumptown name, to recall all currently available bicycles using the name, and to remove the name from all promotional material. Their justification: the name Stumptown is “confusingly similar” to the legendary Specialized bicycle “Stumpjumper” (which coincidentally is currently celebrating its 25th anniversary). According to Portland’s bicycling website “Bikeportland.org,” no suit has been filed yet. Understandably, Mountain Cycle doesn’t seem inclined to comply with Specialized’s order…

This topic has become a rich source of discussion in Portland’s bike scene, who are, so to speak, today’s local “stumpjumpers.” And outpourings of sympathy for Specialized are, to put it gently, few and far between. If push comes to shove and Mountain Cycle is forced to give up the name, after their hard-working gentlemen lawyers (or lady lawyers–let us not be accused of chauvinism) fail to win in court, Robert Reisinger can at least comfort himself in the knowledge that Portland has more nicknames that would lend themselves to gracing a cyclocross bike model. “Puddletown,” for example, or “Rip City.” Or better yet, how about “The Clearing”?

If the disagreeing parties are clever (and want to save on legal costs) they might wish to emulate Portland’s founders, who years and years ago were at odds about what “Stumptown” should be named: they tossed a coin. That time around, “Portland” won, and only through chance is the city’s name not “Boston.” Come to think of it, Boston at that time was nicknamed “The Hub,” which is also not such a bad nickname…

Original story and plentiful opinions from Stumptown’s stumpjumpers can be found here (link to this bikeportland.org entry).

Email written and sent to kim.arca@specialized.com and customerservice@specialized.com for what good it’ll do.

My favorite part of the cease and desist letter was where Ms. Arca claims: “Specialized has developed considerable goodwill… within the bicycle industry through it’s use of the name STUMPJUMPER on bicycles.” If that’s true, she’s pretty hellbent on reversing it.

We all should get to defend “considerable goodwill” with legal threats. It’s this years black.

I personally think, to add my two cents worth, that it is rediculous to have to change a name due to similarities, even though they are basically the same product, the names are not even the same.
Our family buisness, Campbell enterprises, was sued, they didn’t want us to use the family name, our family name.
Oh, there was a uproar, but in the end, the employees decided to change it to Campbell Pet Co.
Because, even though it may be better to hold tight to what you believe in, hold strong to that name, sometimes you have to let go.
That is what I have to say on that note.
And, on another, I am going to go see this afternoon, this uproar Portland bike.
Though, in the pics I have seen, and read about the setup and parts, this bike is a very poor representation of what we are about bike wise.
I wish a little more had been put into it than throwing a name on just another bike…..
But, I am still going to go look at it, shake my head, and get back on my single speed for my little journeys around downtown……
Is hard to pedal enthusiastically when you are so dissapointed…

Here’s what I sent to both their legal dept and their president. I urge you all to contact Specialized if you haven’t already: Kim.Arca@specialized.com

Dear Kim,
Recently there have been some rumblings in the Portland community about Specialized’s legal challenge of Mountain Cycle’s cyclocross bike, “Stumptown”. I understand that the legal department believes that Mountain Cycle’s Stumptown is “confusingly similar” to the Stumpjumper.

Regardless of any confusion that may be occur between a mid-range XC bike and a high-end cyclocross bike, I believe that the attention these legal proceedings have garnered will hurt Specialized’s name much more than a few confused consumers that accidentally buy a cyclocross bike instead of an XC bike. I have been in the bike industry for over a decade and have yet to come across a consumer that buys a bike solely for it’s name without looking at the bike’s specs to decide if the bike is right for them.

The Portland bike community has been named the top bike community in the United States by multiple sources and I believe that you would be doing yourselves a complete disservice by alienating this community. The local forums are up in arms, ready for a complete boycott and there is a PinkBike OpEd article in the works should any further action be taken (PinkBike.com is mountain biking’s largest freeride forum, boasting 250,000 visitors per day). This kind of negative publicity will surely hurt Specialized’s brand image (and bottom line) in the long-term much more than a few potential lost sales over “confused” consumers.

The Stumptown nickname has existed here in Portland since 1847. There are literally hundreds of companies in Portland with “Stump” in the name. As a member of mountain bike’s media, I urge you to rethink your legal action and let Mountain Cycle continue the use of the Stumptown name in Portland’s honor.

I recognize Specialized’s need to protect it’s intellectual property and that this year will be particular sensitive for the Stumpjumper with the 25th anniversary, but how much bad publicity can Specialized withstand by suing small companys before “The Big S” begins to stand for “Schoolyard Bully”?

Thank you for your time, please make the right decision and respect the Portland bike community.

Respectfully,

Aaron Lutze
Portland, OR

WHAT?? If anything Specialized should apologize for creating anomosity towards us Oregonians by marketing a name that implies they think it’s fun to jump their mountain bikes over our clear-cut forests! I am certain many homes in California (where they hail from) were built with the old-growth timber now dicimated for their benefit. AND NOW they want to sue an Oregon company??? Freakin’ self-rightoeus Califonians! Get a life. Mike Synard you should be ashamed of yourself.

Here’s what I just sent to Specialized:

While reading one of our local cycling websites, “bikeportland.org”, I was informed that your company is considering legal action against Mountain Cycle, Inc. of Portland Oregon. On October 24, 2005, your legal director Kim Arca sent Mountain Cycle a “Cease and Desist” letter over their use of the trademark “Stumptown” for their cyclocross bike. The stated reason for the “Cease and Desist” letter was the purported similarity to Specialized’s “Stumpjumper” line of bicycles and related products. This disturbs me primarily because the two trademarks are not at all similar. They describe different bikes, they are linked to different companies, and one term refers to a practice while the other refers to a place: “Stumptown” has been a nickname for Portland, Oregon for more than 150 years, and is intimately associated with that town (where Mountain Cycle is located) in the minds of nearly the entire Pacific Northwest. “Stumphopper” would be a clear violation of your trademark, and easily confused. “Stumptown” is not.

I have purchased a number of products manufactured by Specialized in the past. I have generally found them to be reasonably priced and of acceptable quality. I believe, however that the actions of a company are as important as the price, quality and suitability of the products they sell. If your company continues to pusue legal action against Mountain Cycle, which poses no threat to Specialized or its trademarks, then I will discontinue buying Specialized products and will encourage others to do likewise. I’m reasonably certain that my email is not the first correspondance you have recieved on this matter. I don’t believe your company wishes to risk alienating a large fraction of the Portland cycling community. Please do the right thing, and have your legal department draft a letter stating that while you continue to enforce your trademark, you do not contest Mountain Cycle’s trademark. There is an amicable path that protects your intellectual property and sales base while remaining a good corporate citizen – please take it.

Respectfully,
Matthew P. Picio
Cyclist and bike commuter
Portland, Oregon