Specialized OWNS Roubaix

Just seen this tweet on the subject.

Yehuda Moon ‏@YehudaMoon 16m
Cafe Roubaix is getting sued by @IamSpecialized for infringing on the name Roubaix!? Lookout @HardRockCafe You're next.

If Canadia follows UK practice, they should never have allowed Spesh to register Roubaix anyway, since

We will not accept marks which:...have become customary in your line of trade e.g. "China Garden" for Chinese restaurant services;

Roubaix has been used to market cycling goods since before Specialized even existed

I wonder what happens with that- as the trademark has been granted now.

In fact, the Canadan IP office says:

The kinds of marks that you may not register include the following:...words that denote a geographical location commonly known to be the place of origin of such goods or services

And then expands that with:

You may not register a word that uses a geographical location commonly known to be the place of origin of the goods or services.

In addition, you may not register a word that misleads the public into thinking that the goods or services come from a certain place when they do not.

So either Specialized don't have a valid trademark on Roubaix because it is too generically connected with cycling goods and services, or they don't have a valid trademark because it falsely claims origin in Roubaix for goods made in China.

Also, ASO might want to have a word with Specialized about passing off, since any use of Roubaix in cycling probably infringes ASO's IP in the name Paris-Roubaix :-)

That's it, I'm launching a bike called Roubaix tomorrow.

Call it the Rou to save decal weight.

I wonder what happens with that- as the trademark has been granted now.

Granted by an administrator in the IP office who didn't do his homework. The trade mark isn't valid, and should not have been permitted to be registered. If it went to court, the registration would be annulled, which is why Specialized will only bully small businesses who will roll over rather than go to court. If they took on somebody with the will and resources to fight, they must know they would lose, and all of their IP claims relating to Roubaix globally would follow.

Kickstarter?

Not true I suspect- they may be using an American trademark, which may be recognised in Canada and will have different criteria. Maybe.

Call it the Rou to save decal weight.

I'll just draw a line through "serotta" and write Roubaix next to it.

Not true I suspect- they may be using an American trademark, which may be recognised in Canada and will have different criteria. Maybe.

US law is essentially the same:

Under U.S. trademark law, geographic terms or signs are not registrable as trademarks if they are geographically descriptive or geographically misdescriptive of where the goods/services originate

Amazed this is happening. Does the average MAMIL that buys those ugly-as-fuck bikes really care whether the word 'Roubaix' appears elsewhere?
Can anyone mistake Café Roubaix for a Specialized Concept Store considering the owner would likely rather carve his own plums off than sell their shite?

A private company shouldn't be able to trademark a geographical location. The law is an ass until proved otherwise.

That's as maybe, but the law is still the law, and Specialised would appear to have a trademark on Roubaix- although not in the UK.

Be interesting to see how this plays out.

A private company shouldn't be able to trademark a geographical location. The law is an ass until proved otherwise.
Some people a while back tried to 'patent' basmati rice ...

'Who can stand in the way when there's a dollar to be made ...'

Specialized, the Nestlé of cycling

Be interesting to see how this plays out.

For Lawyers. For everyone else, it's another example of how the legal system is broken.

Someone at Specialized's social media team will be busy at 9am tomorrow.

Strikes me as some bored lawyers.

How does Microsoft trademark something already existing like "Windows"?

TotalRush (I think they're a Spesh dealer) in Melbourne are getting caned at the moment too for using topless body-painted models in some promo night.
http://www.totalrush.com.au/rush/index.php/en/item/188-statement-by-total-rush-a-simon-coffin

It looks like another case of a big company bullying a small one because it can.

Reminds me of the story the guy who started the Cnut clothes brand. FCUK tried to sue him for trademark infringement until he pointed out that FCUK were themselves infringing the trademarks of other large corporations such as Pepsi in their advertising. That quickly shut them up.

http://www.kingcnut.com/pages/c-u-in-court-show-2013

Was that not Rob Warner?

Nah, maybe he just used to wear a lot of it.

For Lawyers. For everyone else, it's another example of how the legal system is broken.

Not the legal system per se, rather the ridiculous nature of IP law, particularly in the USA (and Canada it would seem).

Specialized should never have been allowed to trademark 'Roubaix' in the first place, given that a) it's a physical town and b) there are dozens of examples of prior art in the cycling industry.

The fact that they've been able to and are now being weapons grade morons about it compounds the issue.

Oh Specialized...

What's a suitable alternative for an S-Works Tarmac SL4 then? I don't think I fancy giving them any more money to be sending out cease and desist letters.

But you're happy to wear Rapha no doubt?

Corporate company in unethical business practice shocker... Surprise.