Specialized, Mountain Cycle disagree on “Stumptown”

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.

maybe portland should take legal action against specialized.

Here’s the letter I wrote. If anyone wants to use is as a form letter (just insert your name), please feel free to.

Customer Service at Specialized

Re: Stumptown v. Stumpjumper

Hey guys! This is Etta Janoushek from Portland, OR and I am a bike-loving pedal pusher around these parts (and other parts when I get the chance!) As a part of the cycling community I try to keep up on the local cycling buzz and something that recently came to my attention is Specialized’s ire at North Portland- based Mountain Cycle’s use of the name “Stumptown” for their cyclocross bike.

From what I’ve heard, there is the sentiment that Stumptown sounds a little too much like Stumpjumper for your comfort. In my humble opinion the names sound nothing alike and no cyclist worth their weight in Titanium would ever confuse the two. Furthermore, Stumptown has long (since 1847, according to Wikipedia) been a nickname for Portland, OR and myself, along with a myriad of other folks, feel a great deal of pride in having a local bike company name a bike Stumptown.

Although I have never personally owned a Specialized bike, I have long respected your brand for the quality of your products. As a consumer I would be very hesitant to support, with my own dollars or with recommendations to friends with dollars, a company that would pick a fight like this one. Mountain Cycle’s Stumptown poses no threat to the Specialized Stumpjumper, and even if it did, you still wouldn’t hear me saying that Specialized has any rights to ban a company from using the name Stumptown.

Besides, this is Portland, OR! Trek just named a bike after us, our city is kicking off efforts to become the first city to win the League of American Bicyclists “Platinum” designation, and we’re widely recognized as one of the best cities in America for cycling. Do you really want to alienate such a great client base? (Hint: the answer begins with an “n” and ends with an “o”.)

Thank you for your time and attention. I hope this matter finds itself resolved soon so that we can all get our undies un-wound and stop glaring at the Specialized bikes we share the road with.

Sincerely,

Etta “The Concerned Consumer” Janoushek

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?

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

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.

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!

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

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.

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

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

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.

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.

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.

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

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.”

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.

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.

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

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

I agree with Matt P that the actions of a company are as important, if not more important, as the price, quality and suitability of the products they sell.
Despite Specialized’s actions from here on out, I plan on never buying their product again. They have shown again and again and AGAIN that they want to rule the bike world to no end and that they will stop at NOTHING (cause thats exactly what this argument details) to do so. With the 900 million or so that Specialized pulls in every year you wouldnt think they would have the time or drive to go after a company thats probably bringing in 1-2% of that (if that). Their complaint isnt even valid. They have the money to fight this legally and can string it out as long as theyd like thus financially devastating small companies til they drop out, not because they dont have a legit argument, but because they cant financially fight it. Its bullyish and its you and I that have to stand up and hit Specialized financially and give them a lesson in social economics. vote with your dollars people… There are plenty of great small or not so small bike companies that arent out there creating petty animosity towards others. We are fueling this company to do whatever it is they choose everytime we give them money. They obviously dont choose to use it in a very responsible (ecologically or socially), caring way, so why reward them?
Your dollar makes so much more of a difference in this political, financial, social climate than your vote does (please dont stop voting!), so spend your money wisely….

Patrick:

If you go to the Mountain Cycle link at the top of this page and then click on the stickers tab, you can order an assortment of stickers for $5. If you have your heart set on the Stumptown sticker, they say on the tab that specific frame replacement stickers will be availible soon. Perhaps an email to the company can bag you a couple?

http://mountaincycle.com

Hugo,

Point well taken- Mountain Cycle is not a ‘little guy’ – however, as far as the lesser of two evils – they do have a factory here (where bikes are actually welded) and they do have a staff of marketing folks, bike designers, welders, product testers, etc. HERE. Not in Taiwan, not in California, but here in PDX.

And, the issue isn’t one big guy vs. another. It is about foolish & baseless litigation.

So, at the very least, support the local employees of Stumptown (pun intended)

-Dan

Maybe we ought to start a list of US made bike brands. I know I would be interested in seeing one. anyone?

Thanks for the input. Bill I’ll be by for the stickers.

I’d say I’m puttting my money where my mouth is on this one. I’ve already ordered a frame from IRA RYAN in the last month.

For me the issue is about choice and it seems that Specialized bullying around the home team my choices are getting limited. Take another example for instance: I wanted to buy a Scott Genius, but guess what? Can’t get those in the USA thanks to good O’ Specialized creating a lawsuit.

Personally I feel let down. I’ve been a good Specialized customer for years, heck I’ve got 3 bikes, countless shoes, gloves, pumps and other components, Sun Glasses the list goes on. When freinds ask me about a FS MTB I without question say “Specialized EPIC”.

This experience has made me questioned my Jim Jones commitment to Specialized.

I’m still prepared to take a letter to the Specialized tent at Sea Otter. I think I’ll hand deliver it with a pound of Stumptown coffee!!

Hugo,

Buying a Mountain Cycle bike, especially if you live in Stumptown, aka Portland, is about as close to buying local vegetables as you’re going to get when it comes time to plunk down some change on a new bike.

Okay, maybe buying from an uber-local manufacturer is closer, but often those boutique brands cater more to the 50 year old white guy than the barrista you talked about.

As Dan points out above, Mountain Cycle employs welders and machinists in Portland, Oregon, USA. Not absolutely sure what percentage of production it is (Mountain Cycle? Wanna chime in here?), but bottom line, they’re paying wages, supporting the local economy, etc., etc.

The sticker on your specialized may say Designed in California, USA, but you can bet that sucker is made in Taiwan. Probably by Giant, in fact.

I hear where you’re coming from. Kinesis is a big company. Kinesis USA is a division of that company, and although they might take their marching orders from Taiwan, they make bikes here.

They used to make bikes for a lot of other companies—Bianchi, Diamondback, Evil, GT, Mongoose, Peugeot, Raleigh, Santa Cruz, Schwinn, Specialized, Storck, Trek and Turner, and that’s not all.

Also, for the record, Mountain Cycle was founded in San Louis Obispo, California. It was bought in 2001 by Kinesis USA and production was moved to Portland. Part of the purchase stipulated that the company would cease online sales and go strictly through bike shops – ensuring beer for shop monkeys everywhere.

Having accepted my share of six-packs working in shops, I sure do appreciate manufacturers that are loyal to shops. So in that regard, cheers to both Specialized and Mountain Cycle — not all manufacturers follow suit.

Bending to the same financial reality as every other company that makes bikes overseas, Kinesis doesn’t do nearly as much contract manufacturing here, but it does some. Instead, has decided to pour some capital into Mountain Cycle — that’s why you’re seeing a revival of the brand after a lull the last few years. Maybe that’s why Specialized has chosen to protect their brand name all of a sudden — the Stumptown is a three-year-old model, after all.

Granted, if Specialized made all their bikes in the U.S. the cost would be unrealistic. Specialized does have, again, wild speculation, more industrial designers and product engineers than any other U.S. bike company, lots probably employed in the U.S. (Specialized? Care to elaborate?) Rail on them all you want for this lawsuit, but no one can argue that Specialized product isn’t dialed. It is. Their bikes are beautiful and the technology is bleeding edge.

Of course, they may spend the most on marketing , too. Hence the overactive legal team.

Someone from Mountain Cycle got back to me with a clarification, re my last post, which read, in part:

“Also, for the record, Mountain Cycle was founded in San Louis Obispo,
California. It was bought in 2001 by Kinesis USA and production was
moved to Portland. Part of the purchase stipulated that the company
would cease online sales and go strictly through bike shops – ensuring
beer for shop monkeys everywhere.”

MC: “Actually there was no such agreement. Robert [Reisinger, founder of MC and prev. owner] had no problems with the
idea of online sales. Stopping it was one of the first things [MC]
decided to do after buying the brand in order to regain the trust of the
IBDs.”

-Chris

Specialized is not what Id call bleeding edge technology… they have nice looking stuff that is good quality, but its really nothing nicer than a decent number of mid to high-end high-production brands. In fact, they are so afraid of Scott’s product offering that they warned their dealers not to be carrying Scott AND Specialized or theyd be dropped. A good portion of their stuff is built by Giant and their designs arent all that different than most bikes on the market. Take a look at their carbon road bikes… They arent even close to being as light as the Scott CR1, yet the CR1 is as stiff and strong as any of Specialized’s road bikes.
Specialized has nothing on Intense, Ventana, Moots, Foes, Serotta, Turner, Independent Fab, Vanilla, Seven, Mtn Cycle, and this list goes on and on. To spend $3,000-$6,000 on a Specialized mtn or road bike is silly when you could just about anything you wanted for that price and not be buying a mass produced bike. I do understand that some of their REALLY highend stuff is made in the US, but why buy a Specialized if you want something exotic? At that pricepoint Specialized starts losing it’s price competitiveness which is its main attraction in the first place.
the simple fact is that Specialized is inexpensive, mass produced Asian product with a nice coat of paint and nice packaging. They dont make a SINGLE item they sale. The only reason Giant isnt paying for the Horst Link is because Giant refused to continue building Specialized’s bikes if Specialized continued the lawsuit they were engaged in.

That’s a bunch of CRAP. Specialized should leave Mountain Cycle alone. I still have my circa 1990 Stumpjumper. I’m not going to get it confused with a Stumptown and neither is anyone else who knows anything about bikes!

Here’s an idea: A bike ride, to bike shops, urging them to stop carrying Specialized products or at the very least promoting local makes first and educating customers about the Specialized bullying. It could maybe culminate in a ceremonial dropping off of Specialized bikes / other parts at CCC, or a smashing fest. A witty name for the ride escapes me… help? Ideas? Maybe this weekend, which is supposed to have nice weather? Reply here and we’ll organize something. I know Jonathan is much too nice and apolitical to print a “Specialized sucks ass” type of sticker, but I think that would be funny to have. “Portland hates Specialized. BikePortland.org” Hee!

RockShox is probably next – so easily confused with Rockhopper.

All this reminds me of what went on in Seattle a few years back. The US Olympic Committee controls the use of “the O-word” in the United States. The USOC went after a bunch of businesses based in the western part of the city, many of which had views of a certain mountain range.

It ended up with the USOC admitting a big, “D’oh!”

I’m writing my letter to Specialized (never owned one, never will) and hope that they admit a big “d’oh” too!

looks like the big S will look silly after this load of cobblers

Bruce – there are better ways for them to do this. The traditional way when there is no deliberate infringement is to write up a letter of understanding and get both parties to sign it. This serves to prove in court that both entities took steps to defend their trademark. A cease-and-desist letter demonstrates bad manners. If it goes to a lawsuit, then it becomes “heavy-handed”. Specialized probably pays their legal staff more than Mountain Cycle brings in during a single year.

There is no trademark infringement going on here, and it’s likely though not certain that a judge would agree. If Specialized had a strong case, they would have already filed suit. They know it’s nebulous, and they’re likely hoping that Mountain Cycle will give in rather than go to court.

I couldn’t help but chuckle while reading Matt Wiebe’s report: “Specialized Objects to Mountain Cycle’s Stumptown Name.” Specialized is requesting that Kinesis cease using the Stumptown name because of the confusion it causes in the marketplace vis a vis their Stumpjumper mark.

Your [Bicycle Industry and Retailer News] readers may be interested to know that Specialized has ignored this exact same request from another smaller player in the industry. Airo-Series, Inc. holds the federally registered trademark, Transition, which has branded its family of triathlon bikes before Specialized decided to use the same mark for its triathlon-targeted series of road bikes.
The ’06 Bicycle Buyer’s Guide issue of Triathlete Magazine features these bikes on pages 58 and 60.

In response to our requests to cease using this mark their Legal Director said, “ we do not feel you have the right to prevent us from using the Transition name…we see little potential for confusion between our products…Specialized is willing to continue to peacefully co-exist.”

I guess Specialized is big enough to have it both ways. Good luck Kinesis.

Tom Piszkin
Airo-Series, Inc.

hypocritical act
A classic example of a hypocritical act is to denounce another for carrying out some action while carrying out the same action oneself.

Isn’t it lucky for Specialized that Stumptown was the “bigger person” and didn’t issue their own “cease & desist” order back in ’81? Specialized should acknowledge this and be thankful for it and back off.

From the Bicycle Retailers and Industry News:
A Letter to the Editor:
‘Specialized Wants It Both Ways’
I couldn’t help but chuckle while reading Matt Wiebe’s report: “Specialized Objects to Mountain Cycle’s Stumptown Name.” Specialized is requesting that Kinesis cease using the Stumptown name because of the confusion it causes in the marketplace vis a vis their Stumpjumper mark. Your [Bicycle Industry and Retailer News] readers may be interested to know that Specialized has ignored this exact same request from another smaller player in the industry. Airo-Series, Inc. holds the federally registered trademark, Transition, which has branded its family of triathlon bikes before Specialized decided to use the same mark for its triathlon-targeted series of road bikes. The ’06 Bicycle Buyer’s Guide issue of Triathlete Magazine features these bikes on pages 58 and 60. In response to our requests to cease using this mark their Legal Director said, “ we do not feel you have the right to prevent us from using the Transition name…we see little potential for confusion between our products…Specialized is willing to continue to peacefully co-exist.” I guess Specialized is big enough to have it both ways. Good luck Kinesis.
Tom Piszkin Airo-Series, Inc.

‘at it…’

sorry. stoopid fingers.

For people who can afford the brand SPECIALIZED the thought seems ludacris that the buyer would not have the sophistacation of decerning the brand of one from the other or the security of such brand differences and causually mistake one for the other. Shopping by product name identifacation is a very weak argument to claim for infringment considering the segment of the population that would actually be trying to shop and compare bicycles and the thought occure to me that this is actually and insult to any who are consummers who are conscious of what is available.

This could be therefore be considered a blantant attempt to limit consummer choice by legal means just because quality of products may not be a decernable factor when comparing Brands and wouyld indicate at least to me a weakness that is hidden by a manurfacteer(sorry about the spelling) tying to elimate a competeture through legal means insted of delivering a superior quality product that outdistances with design and craftmanship.

Jym

p. s. my personal thoughts go out to those forced into a job and carrier decision not of thier own making.

Jym

Oh “Specialized is a big company so I hate them” boo hoo

The value of a strong brand cannot be looked past so it is completely understandable for Specialized to want to try and protect it.

Why can’t the Stumptown be renamed – is it really that big of a deal?

Here is a perfect example of do as I say, not as I do. The bicycle company Fuji used the name Roubaix for their road bikes. Specialized thought it was a great name and decided to use it for a particular model of their own road bike. Fuji tried to put an end to it, but Specialized dug in their heals and basically told Fuji to \”go to Hell\”. Fuji spent some time trying to get Specialized to stop using the roubaix name, but Specialized being the bully still uses it.
No Problem. Fuji has started using some of the Specialized trademark names. If Specialized tries suing Fuji, and win, the prove the case for Fuji, and Fuji will ultimately win.
Boy it really sucks when you try to cheat and it comes back to bite you in the a$$; doesn\’t it Specialized?!!

Let’s take this overseas. Hi, I’m Rose from Holland. I recently took a good friend to my high-end bicycle store in my hometown. Proud an all, for they sell the quality bikes from Specialized. I feel disgusted by the very idea of this case. Get a life. You know where you stand in your market value. Be proud on that and courteous to any cyclist on this planet. For one, they are potential customers. And two, did anyone explain to you the concept of employee branding? I will. In my class this Monday. Yes, Americans sue eachother all the time. who would want to work there? Buy their stuff? THINK! And most certainly before you act.

The question is not whether Specialized is shooting itself in the foot, but how mant feet it has. Plus, the new slogan, “Got Lawyers?” also seems to violate some rights of the Milk Advisory Board.

Read up on bully Hill winery and it’s fight with Taylor wine. This is a very similar David vs goliath story.