Epic is trademarked

Triathlon Forum
1

Sorry guys, you might want to watch your use of the word Epic, people are watching
Press Release
April 13/2005
 
Hello friends, loyal customers and cycling enthusiasts from us at Everti Bicycles, formerly known as Epic Bicycles.
As many of you know we have been producing professional quality high end titanium racing machines for both the road and off road markets for the past 5 years.
 
Our attention to product detail and customer service and satisfaction has resulted in a growing share of the high end bicycle market internationally. As a result we have become much more noticeable to our competitors. Of late, Specialized Bicycles have taken particular notice of our company and our name, Epic Bicycles, which is shared with one of the products made by Specialized. 
 
Presented with this circumstance, legal representation for Specialized has declared that this pond isn’t big enough for the two names to coincide.
 
Rather than belabor the point, it has been decided by the owners of Epic that Epic Bicycles will readily change the name of its business. This decision has been made to ensure that the focus of Epic Bicycles, now Everti Bicycles, will continue to be as it has in the past - the riding machines for which we are renowned worldwide.
 
For us the quest to produce the ultimate riding machine continues unabated. Our fans and competitors alike agree that our product is superb and second to none.
 
Please see our recent reviews on the PEZ at http://www.pezcyclingnews.com/?pg=fullstory&id=2905
and Cyclingnews at http://www.cyclingnews.com/tech.php?id=tech/2004/news/nov23 ,
http://www.cyclingnews.com/tech.php?id=tech/2005/news/02-11
 
You can contact us via Email at info@evertibikes.com or phone: 250-715-1994. Our website address is www.evertibikes.com
 
Look for more of our products coming soon on the PEZ, Cyclingnews and the pages of Velo News.
 
Sincerely,

Kurt Knock
Owner/Manager
Everti Bicycles
www.evertibikes.com
phone: 250-715-1994

2

I only have this to say:

The Specialized Transition looks funny.

3

Using the word Epic in conversation isn’t the same thing as marketing a bicycling product with the word Epic in the name.

4

I assume this is a bit of a joke… but it brings up an interesting point.

A common misconception of trademark law to the layperson is that the owner of a registered mark can enjoin the use of that mark for virtually any purpose. That’s not true.

Trademarks must be associated with classes of goods and services, and the use of a particular mark is not necessarily prohibited if used in conjunction with other goods and services… or as a descriptive term. For example, I could start a computer company tomorrow, but I wouldn’t be able to market my computers under the mark “Apple” because that mark is already registered for use with computers and associated goods. But absent a registration (or prior use) of Apple for office supplies, I could probably use the mark “Apple” to promote my office supplies.

When Pat Riley trademarked “3-Peat” he did so in conjunction with clothing and apparel, so that he could exclude others from selling T-shirts that said “3-Peat.” Doesn’t necessarily mean I couldn’t have marketed mousepads that said “3-Peat.”

Finally, you also have to look at the actual “use” of the mark. If a mark is descriptive, like “EPIC,” then I can use the term to describe something without fear of infringing the rights of the mark’s owner. For example, Specialized can’t necessarily enjoin me from using “epic” if I’m marketing my adventure race series as an “epic test of will…” or possibly even if I call my adventure race company “Epic Adventure Racing.”

It all comes down to what goods/services are being used in connection with the mark, and whether the use of the mark is descriptive. Of course, it gets more complicated than that when you have to dig into the legal issues, but that’s the basic law.

So, Dan’s use of “Epic” in terms of his daily diet probably isn’t running afoul of the trademark laws with respect to Specialized’s trademark. Neither is Gordo’s Epic Camp… or Epic weeks.

DISCLAIMER:

The above post is not intended to provide legal advice to any person with respect to any particular matter, but is merely a very brief and undetailed overview of certain aspects of U.S. Trademark law. If you have any questions regarding your use of a particular word, phrase or other mark, you should contact an attorney who can apply the law to the specific facts of your case.

5

I did mean it as a bit of a joke. Also, I found it interesting as there has been some talk about Epic bikes on this forum. I know and respect Kurt a lot and find it interesting that Kurt has been getting enough publicity to be targeted. Thanks for the explanation though.