We’ve been talking and Tweeting about some eyebrow-raising cycling stories recently (see: Lance Armstrong or the London “”) but nothing is quite like the big American bike company that is suing the little Albertan bike store.
Specialized Bicycle, makers of the high-end line of Roubaix road bikes, have launched a lawsuit against the owner of the tiny in Cochrane, Alberta.
At the heart of the lawsuit lies the somewhat perplexing fact that Specialized was able to trademark the name Roubaix in Canada, even though Roubaix is the name of a town in northern France and — most importantly in this case — the primary association for cyclists is the gruelling annual one-day race. In fact, since the race began in 1896 and predates the formation of Specialized bikes in 1974 by nearly a century, it seems fair to assume this association was precisely what led Specialized to name its elite racing bikes after an elite race.
Dan Richter was also inspired by the Paris-Roubaix. The Canadian war veteran set up a small, independent bike store above an ice cream parlour in Cochrane, Alta. and named after the iconic cycling event. For those who’ve missed the furore, Richter heard from a lawyer that Specialized intend to sue him if he doesn’t change the name of his store.
Now, there’s no question that Specialized do own the Roubaix trademark in Canada (though not in the U.S. or Europe). Legally, the case hinges on whether the Cafe Roubaix is likely to cause confusion with the Specialized Roubaix brand.
The pros and cons of the legal arguments are summed up in a with the headline: “Specialized’s disastrous trademark case is unnecessary to defend the brand. ” The author concludes it’s not an open-and-shut case, but given the profusion of other uses for Roubaix  — including and — there’s a good chance Richter could win.
What really drew the public’s ire, however, is the sense that Specialized is behaving like big corporate bully by using its legal might and considerable finances to try and crush the little guy.
It doesn’t help Specialized’s case that they have a long history of heavy handed litigation, including suing Portland’s Mountain Cycles for the use of the name “Stumptown” (which they felt was too close to “Stumpjumper”) and Epic Wheel Works for their use of the word “epic.”
Regardless of the legal outcome, it’s the court of public opinion where Specialized will be harshly judged and duly punished.
To make the imbalance seem even more weighted in Richter’s favour, he is not only a war vet but one who left his military career early to address the post-traumatic stress disorder that developed following his tours in Afghanistan. Owning the bike store and building custom road tires was therapeutic, he told the Calgary Herald.
The cycling community is passionate, vocal and highly engaged on social media. Within hours of the Calgary Herald’s breaking story about the lawsuit against Richter, Specialized’s Facebook page was so clogged with negative commentary that the company changed the posting settings.
As the story spread like worldwide, even the popular, cynical blogger weighed in with a typically scathing and to-the-point commentary by suggesting the Paris-Roubaix would now be branded the Paris-Specialized. The post read, in jest of course, “In the year 1896, the bicycle company Specialized established a bicycle race…”
Specialized claims the lawsuit is necessary to protect its brand, but the company failed to consider that in today’s highly connected world, the backlash from their actions might end up doing far more long-term harm to that brand than a single bike shop with a possible trademark infringement.
Richter, who says he’s “humbled” by the outpouring of support, is hoping that he and the bike company will be able to come to an agreement that will allow Cafe Roubaix to keep its name.
For Specialized, even if the company is willing to back down and accept a compromise, the damage has already been done.
Kay Cahill is a cyclist and librarian who believes bikes are for life, not just for commuting. Read more at sidecut.ca, or send a comment to [email protected]
