Re: [CR]Bespoke Touring Bike on UK Ebay

(Example: Component Manufacturers:Chater-Lea)

Date: Wed, 13 Dec 2006 20:52:55 -0500
From: "Louis Schulman" <louiss@gate.net>
To: Norris Lockley <norris.lockley@talktalk.net>
Subject: Re: [CR]Bespoke Touring Bike on UK Ebay
References: <000901c71f15$c6d8a6d0$9eddf259@049306920171>
In-Reply-To: <000901c71f15$c6d8a6d0$9eddf259@049306920171>
cc: classicrendezvous@bikelist.org

Well, according to the Oxford English Dictionary (O.E.D.) the term "bespoke" or "bespoken" means "ordered, commissioned, arranged for;" hence, custom-made.

The use of the word "bespoken" in this sense dates to at least 1607, and the word "bespoke" dates to at least 1884.

Since this is a word in the English language, I don't see how you could prevent anyone from using that word to describe a frame, anymore than you could prevent them from calling a frame "custom-made."

You may have adopted the word before it became trendy, but I doubt if it was before 1884, and certainly, I would think, not before 1607.

In the U.S., a trademark on a generic word, if enforceable at all, only prevents others from using the word as a trademark. It doesn't prevent them from using the word in a descriptive sense. That is why it is always advised to use a unique and non-generic word for a trademark.

It appears to me the listing is using "bespoke" in its generic sense. I don't see anything wrong with that. Anyone who picks a generic word for a trademark has to live with the fact that others may use the word in its generic sense.

Louis Schulman Tampa, FL USA

Norris Lockley wrote:
> As the owner of the trading name "Bespoke" in the UK, I am outing this
> frame on UK Ebay in order to say that I definitely, without a shade of
> doubt, and in no uncertain terms DID not build this frame...Thank
> goodness.
>
> The word bespoke in the UK..and probably in the States is used to denote
> anything that is a "one-off" ,unique..made to personal requirements and
> measurements. Presumably the owner of this machine had it built up
> specially for him..to his specification.
>
> I adopted the name "Bespoke Bicycle Company" way,. way back before the
> word became trendy and an overused epithet for everything and
> everything. Since that time I have had quite a few legal brushes with
> other builders who have used the adjective to describe their products.
> Recently..and I suppose that I should be fattered, but I note that a
> cycle shop has opend up in the UK calling itself "Bespoked".
>
> Any way before anyone starts asking the question..the answer is a
> "Definitely NOT one of my machines"
>
> Item No 110065779782
>
>
> Norris Lockley..from the orignal and legally registered "Bespoke Bicycle
> Company" , Settle UK