Assuming you ride somewhere outside the borders of Antarctica, you have likely already heard about the injustice being imposed on our friend and fellow Velominatus, Dan Richter who goes around these parts as @Dan_R.
I’ve been riding Dan’s wheels for a bit over a year, and they are the best I’ve ever had. After hearing about the suit a few months back, I was proud to help him brainstorm some ways he might be able to salvage his brand or come up with a new one while admitting the court battle was out of reach.
But when the article broke in the Calgary Herald this weekend, all hell broke loose. It goes without saying the pride I feel whenever our community here at Velominati comes together for a good cause, but what went on over the last 48 hours was an unbelievable coming-together of not just us, but the Cycling community as a whole. Regardless of the final result, this past weekend made me proud to call myself a Cyclist more than ever, for we proved we not only love riding our bikes, but that we as a worldwide community have each other’s collective backs.
I had an article planned for today, one taking the piss out of ourselves and everyone else as we usually do. But it just didn’t feel right. Instead, I thought we’d post the Packfiller podcast from Bulger Media. This is my fourth time on the show, but this time Patrick (@packfiller) was able to get Dan on the call with us. It was fantastic to hear Dan still has his sense of humor and it was a pleasure share a good laugh with him.
Here’s hoping Specialized comes to their senses, observes Rule #43, and drops the suit. If not, we’ll stand in solidarity, never buying another Specialized product again. The good news is that either way, Dan will rebuild his brand and his shop will live on, stronger than ever. (Insert Shakespeare quote about names here.)
Its a long listen, but we cover the important Café Roubaix stuff early on. Enjoy. And Vive La Vie Velominatus.
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placed an order over the weekend for clothing. Waiting to hear back on a 38 wheel set. Going to need stickers for the new wheels. Thanks for posting as I would not have known. G
@Dan_R @Frank Under my disclaimer that I am not a lawyer and per my post elsewhere (and based on having registered a trademark myself for my business). A TradeMark is registered in a category by line of business and subcategory, someone else looked up the registration for Roubaix in Canada and it was under the category of "bikes and bike components". On this basis I can't see any validity for a claim against the name of your business but only against that name on the wheels. So if Cafe Roubaix and your logo was registered as a TradeMark within a suitable retail category your business name would be protected - though the timeline of doing it would potentially be an issue and whether the registration was challenged. Registering a trademark is not expensive and the devil in me would try to register it if I was in your shoes. Roubaix is such a common word that I'd have thought that you could claim Cafe Roubaix as unique usage in your marketplace category.
So to me the only issue really is the wheels where maybe they could claim confusion. As their argument seems pretty tenuous then naming the wheel something else and adding "Made By" and your logo would (to me) make it clear there was no linkage to naming a "bicycle component" against their trademark.
Would need a lawyer involved in TradeMarks to tell if I am correct and I can't comment on whether what applies in the UK would apply in Canada.
In fact the devil in me is such that I'm tempted to see if I can register it in the UK. Maybe we should try to register Cafe Roubaix in every country where the community has presence (leaving Canada to @Dan_R of course. If nothing that would cause them a headache. I must look up what my TradeMark cost me.
Viva La Cafe Roubaix!
Aren't they pulling some similar bullshit on a bike builder who has "stump..." in his bikes name?
perhaps the city of Roubaix should sue Specialized
It's always a good feeling when a community pulls together. I am at the point that I don't care how Specialized takes care of this issue. I will still not purchase any of their products. This is just another fine example of how they do not understand the cycling community or the spirit of cycling.
@DCR
They had progressively lost their cachet for me over the last few years and this is the final straw. Just sorry that my favourite LBS has them as the main brand but they do my favourite Italian road brand (Pinarello) so I am OK there and have other options for my next MTB leaning towards a Fondriest/Torpado hardtail.
@frank @Dan_R you guys come across so well in that interview. Here's hoping it stirs even greater support that bolsters your will, Dan.
Wow...all this from what started as post in my local paper. It has been unbelievable to watch the support pour in from all corners of the globe. Greg Lemond reached out, Alex Steida is tweeting, Defeet has offered support. Almost every cycling website, blog, and countless LBS's have gotten behind Cafe Roubaix. The war cry of Roubaix reaches from twitter handles to old school letter writing campaigns and it shows no sign of slowing down. I sure hope the silence today by both parties is that they are coming to an amicable agreement. It would be nice to know that Sinyard and co. finally learn something from this so we don't see anymore issues like Mountain Cycles, Epic Wheel Works, and Cafe Roubaix.
Fascinating podcast, and really brought home how vile Specialized lawyers have been. That Dan, he's definitely Canadian.