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Just received this by email from Specialized:
"I Screwed up, and I own it
I would like to apologize and let everyone know I realize I handled this situation wrong from the start and I’m very sorry for that. As many of you have probably already seen by now, I went up to Café Roubaix to meet with Dan in person to apologize and make good with him. Café Roubaix will continue on with its name. The video is up on Café Roubaix's Facebook page. Dan is the real deal, after meeting him I realize this and am embarrassed by how ridiculous this is. What happened was wrong. There are no excuses but I do feel like I owe it to you all to explain how we found ourselves in this situation, the lessons we've learned from it and, most importantly, how it will change the way we do things moving forward.
Over the past few years we’ve seen a massive spike in counterfeit products, and most of the riders have no idea these products are fake, which is extremely dangerous because the risk of failure on these untested products is extremely high. In one instance, the entire head tube and fork sheared off a counterfeit Tarmac, causing the rider who had no idea he was not on a genuine Specialized product to faceplant and destroy his shoulder. To give you an idea of how much this issue has blown up, 10 Specialized employees hunt fake products across 30 major ecommerce platforms, we've identified over 5,000 listings, worth $11,000,000 USD in counterfeit goods since January 1st of this year alone. This is about double what it was last year. Due to this we have recently gone after IP and trademark issues more aggressively in the interest of protecting the safety of riders and the livelihood of our dealers and their hard-working employees. See the attached picture to understand how dangerous fake goods are.
In the deal with Café Roubaix, the wheels were the red flag that got the attention of our outside attorney who were already sort of on red alert for anything that pops up, although Café Roubaix wasn’t in the same camp as the counterfeiters, they still got caught in the crossfire. There is so much activity with infringers that it’s overwhelming and I don’t see them all. The first I heard of it was Saturday morning and by Monday the thing went huge. But still, that was my fault, which is why I’m so embarrassed. I should have called Dan immediately.
I heard you and you can rest assured I took it to heart. I realize now that we went too far with this aggressive approach and as a result and in some cases we hurt the local bikes shops and small businesses we wanted to protect. As a result we’re going to take a much closer look at all pending and future intellectual property and trademark issues, making sure to only pursue those that present a clear and obvious danger. The letter on Epix Gear was issued before the Café Roubaix story broke and has since been pulled.
I handled this very poorly and I own full responsibility. Dan at Café Roubaix and I have become friends and he’s happy with the solution. I hope you too accept my sincere apology. Like you all, I’m passionate about cycling and want to do everything possible to grow the activity we all love.
Sincerely,
-Mike Sinyard"
Fair enough really, i personally thought it got blown way out from the start.
I didn't particularly care about the original dispute, they're a big company doing what big companies do, that said:
Over the past few years we’ve seen a massive spike in counterfeit products, and most of the riders have no idea these products are fake, which is extremely dangerous because the risk of failure on these untested products is extremely high. In one instance, the entire head tube and fork sheared off a counterfeit Tarmac, causing the rider who had no idea he was not on a genuine Specialized product to faceplant and destroy his shoulder. To give you an idea of how much this issue has blown up, 10 Specialized employees hunt fake products across 30 major ecommerce platforms, we've identified over 5,000 listings, worth $11,000,000 USD in counterfeit goods since January 1st of this year alone. This is about double what it was last year. Due to this we have recently gone after IP and trademark issues more aggressively in the interest of protecting the safety of riders and the livelihood of our dealers and their hard-working employees. See the attached picture to understand how dangerous fake goods are.
is just irrelevant bollocks to muddy the waters - that makes me lose more respect for him than the trademark issue.
Nice to hear. Can understand them looking out for knock off goods that would do them damage but glad they're looking at other cases differently.
so, is he saying that if you go into a counterfeit caff and have a coffee, you might fall over and smash your shoulder?
or do I have the wrong end of the stick?
is just irrelevant bollocks to muddy the waters
Not really. It seems a valid context that surrounded the aggressive approach to Roubaix. One which he has accepted responsibility for, made good with the person concerned and publicly apologized for. Far more than any other big company would do in a similar position IMHO.
that makes me lose more respect for him than the trademark issue.
He says he is gutted and wants to know how to make it right for you. 😥
so, is he saying that if you go into a counterfeit caff and have a coffee, you might fall over and smash your shoulder?
or do I have the wrong end of the stick?
IMHO the issue is wheels being branded as "roubaix" not the cafe.
Specialized are chasing down anyone who sells a product that may imitate theirs.
Fact is, they changed tack in response to the social media fuss, and the fact that they messed up on their own ownership of the trademark.
Fuji were able to consult their lawyers and make a statement long before Specialized/Sinyard realised their "mistake". Specialized could have straightened this out straight away.
'Collateral damage' initially, but turns out to be the best advertising they'll ever get. Life goes on...
There's two issues getting confused here. One is counterfeit goods for which specialized has full time staff dealing with. They have my full support in that.
The second is an outsourced legal team who clealy don't understand cycling, chasing down any remotely similar word to one of their weak "trademarks" without understanding the context. This is what's getting them the reputation as corporate bullies.
As has been said before, want to protect your trademark? Come up with some creative ones then.
I don't get why specialized is trying to confuse these two issues into one.
How are they trying to confuse two issues? It's clear to me: their lawyers were instructed to go after anybody using the trademarks. You can't expect idiots like lawyers to exercise any sort of original thought or discretion, that would be like telling the airport Security staff: "Check everybody but you can let anybody whom looks eldery and not a risk through without checking them."
I handled this situation wrong from the start
and with that i stopped reading.
I also agree the letter doesn't really deal with the issue at hand but rather muddys the waters. The letter itself reads very well and should help get PR back in their favour. You can't really argue too much with anything in the letter but it does gloss of the small fact this is one in 5-10 times they have misused their trademarks to bully small companies where a bit of common sense and $1 licensing etc would have sufficed with companies providing no threat to Specialized.
That said they are not the only ones... I only recently learned Trek went after a Californian wine manufacturer with Trek in the name because the vineyard featured in a travel guide and travel could be associated with cycling!
Even before all of this Roubaix business I wouldn't buy anything from Specialized so the recent events do little to change my opinion of them one way or another...
Also amusing such a massive company have such shocking PR... see the Spesh responses in relation to everyone else involved with the Gwin saga for another classic example
No such thing as bad publicity...
is just irrelevant bollocks to muddy the waters - that makes me lose more respect for him than the trademark issue
Thats how i feel about your post
is just irrelevant bollocks to muddy the waters - that makes me lose more respect for him than the trademark issue.
Really? Really really?
shakes head in despair
If someone gave you twenty quid, would you complain it wasn't two tenners?
There's two issues getting confused here
It’s not so black and white though is it, you don’t just have 100% pure and simple counterfeit or completely unrelated product. There’s the whole grey area in between, someone stickering up wheels with Specialized registered trademark (which it still is) is very much into the very dark-grey area, Epix cycle clothing very much whiter IMO.
Besides, anyone who calls a bike repair shop not only a “café” but also refers to it as a “studio” with an “executive professional atmosphere” deserves everything they get.
Now that's a proper marketing department digging out of a hole. Good work.
Frankly if it means that Spesh try not to be arseholes in the future, all is good, irrespectively of how we got here.
Fuji were able to consult their lawyers and make a statement long before Specialized/Sinyard realised their "mistake".
This is perhaps the best statement so far in this thread which summarises Spesh vs a more common sense approach.
Frankly if it means that Spesh try not to be arseholes in the future, all is good, irrespectively of how we got here.
Exactly
Douchebags... 😀Besides, anyone who calls a bike repair shop not only a “café” but also refers to it as a “studio” with an “executive professional atmosphere” deserves everything they get.
I have worked with/for some Brand Names in the past and it is quite interesting that people get similar things confused, I understand Sinyard's concern but he shoudl take more care with his approach. I buy their products cause they are reliable, no matter how hard I try to break them. I am glad they take their reputation seriously.
The thing I dislike about the letter is that it makes it sound as though Spesh have done the Cafe a favour, when in fact (if Fuji/ASI are to be believed) they had no claim in the first place.
I'm starting a bike company called Specialised
Too late, there's already a bike shop by that name in Norwich. They'll sue you.
The thing I dislike about the letter is that it makes it sound as though Spesh have done the Cafe a favour, when in fact (if Fuji/ASI are to be believed) they had no claim in the first place.
Yes but don't forget they only persued the case because they care about us [i]too much[/i]. After all, it could have been a [s]child's[/s] punter's face.
What a load of bollocks.
Hope you guys never screw up!!!!
They handled it badly, didn't react quickly enough but the top man has apologised and said he messed up.I think that is fair enough.
Parties involved have shaken hands and life goes on.
There would have been no issue at all if they had not been allowed to register Roubaix in Canada!
Monday: Specialized are big bullies, lets shout at them across social media and forums so they explain themselves and back down. I can't believe they are going after the small bike shop owner who didn't do the due diligence to check he might be infringing trademarks with the products he sells. I will assume it was actually his shop name that Specialized have an issue with, not the wheels he is selling.
Wednesday: Ha ha Specialized's competitor has thrown them under the bus by highlighting a technical point in the US licensing agreement that it turns out affects them in other international markets. I can't wait to see them grovel their way out of this one
Friday: Specialized have caved in but we don't like the apology they've given or the reason they why they have said this has all happened and how they intend to change their ways in the future. BURN THEM!!!!!!!!!!!
I will never ever buy a Specialized product ever again for at least three weeks or unless it's the actual thing I want to buy right here right now. Fools
🙄
Spawn - LOL!!! Spot on! 😆
*Applauds Spawn!*
How the internet has been reacting to Specialized this week...
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Edit: Actually screw it, not worth bothering.
Fair play to him I say.
The way I read it was someone in Specialized legal got over zealous with a matter that that Sinyard would never have normally seen. Media firestorm ensues and Sinyard apologises and takes responsibility
drofluf - MemberThe way I read it was someone in Specialized legal got over zealous with a matter that that Sinyard would never have normally seen. Media firestorm ensues and Sinyard apologises and takes responsibility
Way I see it, someone in Specialized legal got over zealous. It gets splashed all over the media. Specialized are aware of it, Sinyard is aware of it, but they don't back down. Fuji get involved, and put an end to the claim, further increasing the publicity in the process. Specialized, realising they have no leg to stand on, construct spin to explain how they were threatening legal action against a small shop in Canada to prevent people in China making fake bikes.
Reminds me of the time I got ripped off with shirts from a market stall, opened them up and instead of Ben Sherman they said Ben Sherbett 😕
They handled it badly, didn't react quickly enough but the top man has apologised and said he messed up.I think that is fair enough.
No, they handled it bad 🙂
I thought it was only footballers who couldn't tell the difference between an adjective and an adverb, but obvious not.
Still, fair play, that was a pretty good response.
Way I see it, someone in Specialized legal got over zealous
He states in his letter that it's an outside legal firm that they have contracted to chase down trademark infringements
They've been given instructions and a free hand to chase down all the infringements they can find. It sounds like within the remit they were given they went after a small business owner with an interesting life story (ex-services, PTSD, sunk life savings into dream business).
Media jump on story and it's big bad corporation vs little guy.
Specialized head office have been given a black eye by this and have done the right thing and have provided a grovelling open letter (never read owt like that before tbh)
They've given some reasoning behind their legal contractors actions, they haven't excused them or themselves.
In the meantime small shop owner has received great publicity and increased sales. Specialized have done a reasonable spin job to try and dig their way out of this. Who cares about Fuji anyway, no one buys their bikes over here anyway
I don't believe this apology. I believe in a hidden agenda. The only reason for the apology was the negative impact Specialized were causing themselves via social media became greater than the benefits which they would have achieved in suing said bike shop. Had social media not had such an impact, I firmly believe Spesh would still have pursued legal action. Call me cynical but that's what I believe is the motivation behind the apology.
Could it all have been handled better from the start: YES
Does this "apology" count for anything: No idea, but i'd rather see it than nothing
Will companies think a bit more about been "nicer" and less "commercial" in future: Probably
All in all, not to bad an ending i think 😉
All that really matters is how Spesh handle things from now on. We all screw up, the important thing is to learn.
Specialised are still on my list of brands I won't touch along with Trek. But heck that's about me more than them .
Mehh...only apology that matters is bending over and handing back the vaseline.
Specialized registered trademark (which it still is)
The problem is that Roubaix was never their trademark.
It's owned by ASI (Fuji) who license it so basically Specialized use the Roubaix name but with permission so have no rights whatsoever to be trying to enforce its use by others. That is the sole right of Fuji.
The fact that Specialized tried to trademark a name in Canada that they use under licence has probably got them in a heap of trouble with Fuji who could quite justifiably withdraw use of it for a breach of terms.
When ASI made their statement that as 'trademark owner' they were happy for it to be used by Cafe Roubaix, it made Specialized look like total clowns. Everything since has been damage limitation, there was no sign of Specialized conceding any ground prior to that point.
LsD - Member
Mehh...only apology that matters is bending over and handing back the vaseline.
So that's why sorry seems to be the hardest word. Must be interesting in your house.
The problem is that Roubaix was never their trademark.
It is, and still is in Canada and Europe.
It's owned by ASI (Fuji) who license it so basically Specialized use the Roubaix name but with permission so have no rights whatsoever to be trying to enforce its use by others. That is the sole right of Fuji.
Yes, in the US, none of this makes any difference to the situation in Canada.
The fact that Specialized tried to trademark a name in Canada that they use under licence has probably got them in a heap of trouble with Fuji who could quite justifiably withdraw use of it for a breach of terms.
Possibly, although Fuji have to tread a little carefully if they want to continue using the patents they license from Specialized, designing a new range of bikes takes more time and costs a lot more than a re-branding exercise. It would have been interesting to have been a fly on the wall during those conference calls though! It will be interesting if there is a challenge to the Canadian registration over the next few weeks, but I suspect everyone will just keep their heads down until all of the fuss blows over.
When ASI made their statement that as 'trademark owner' they were happy for it to be used by Cafe Roubaix, it made Specialized look like total clowns.
The quote was all woulda, shoulda, coulda. They have no rights to the trademark in Canada and no authority to license its use. It made them look like the good guys though, so a good bit of PR.
Everything since has been damage limitation, there was no sign of Specialized conceding any ground prior to that point.
Agreed
All that really matters is how Spesh handle things from now on. We all screw up, the important thing is to learn
Ah ha... yes and Specialized have never done anything similar before... or are currently doing anything similar... oh wait 😀
Yes, in the US, none of this makes any difference to the situation in Canada.
Read the ASI statement. Categorically, Spesh had no entitlement to register roubaix as a trademark in Canada, let alone try to enforce it.
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Oh ffs, so for all you haters can you write the apology you would like to see published? Would everyone offended like free money from specialized? Get a grip and accept things for what they might be.
Everything since has been damage limitation, there was no sign of Specialized conceding any ground prior to that point.
Yes but you've got to remember that large companies have response times that makes glaciers look fast. PR/Marketing need to talk to Legal, Legal need to talk to the boss, it needs to go to the board, back to PR...
All this on a weekend when there's no-one around (the story went viral on Friday afternoon). Legal is basically outsourced so Specialized have a sub-contracted team of lawyers running round with more or less free rein to search and destroy anyone nicking names/brands - they probably didn't know the exact ins and outs of it, just that they thought "Roubaix" was a Specialized owned trademark and acted accordingly.
Mike has done the best job he can under the circumstances, everyone has expressed themselves happy with the outcome (apart obviously from some of the more moral creatures on STW who are still handwringing and/or looking to give someone a kicking from the comfort of their armchair).
Specialized will have learnt some lessons about marketing and consumer engagement, Cafe Roubaix will be having the busiest Christmas of all time - all good!
At least genuine Specialized stuff never breaks like that counterfeit stuff.
http://www.cpsc.gov/en/Recalls/2013/Specialized-Bicycle-Components-Recalls-Bicycles-Due-to-Fall-Hazard/
Anyone seen much counterfeit Specialized stuff?
The most interesting point in that recall notice is that you might want to avoid "topkey" forks if you see them on ebay. At least you can see who made the frames and forks. Merida make Boardmans and a few others too. Not heard of topkey.
I like that, I like the honesty of the bloke and for putting his hand up and apologising and making amends, good lad I salute you Sir.
Now. Why can't this be levied at the dull corporate heads of failed Banks... 💡
In these days of corporate blandness that sounded like a pretty genuine apology to me. The cycling world is still a relatively small one and it's nice to see what looks like good will all round, especially at this time of year.
When faced with losing the name for one of their best selling bikes in their best selling market, they really had no choice but to grovel! Fuji and Cafe Roubaix are the winners here. Big corporations acting reasonably (Fuji) come out looking even better. But having said that, I think his apology is actually genuine.