Bicycle Network... and threats of legal action

User avatar
The 2nd Womble
Posts: 3058
Joined: Wed Jul 27, 2011 1:21 pm
Location: Brisbane
Contact:

Bicycle Network... and threats of legal action

Postby The 2nd Womble » Mon Oct 14, 2013 7:48 pm

Wasn't sure where to post this but here it is and hot off the press.
http://www.brisbanecyclist.com/forum/to ... um=twitter" onclick="window.open(this.href);return false;
brisbanecyclist.com wrote:N.B. The above image can be considered Fair Dealing.


So a few months ago I rolled out a new design and logo for this site, and a few people commented on the chain links and their similarity to a certain other organisation. It was noted, humorously, that the "open" links of the chain here was a good contrast to the "closed" structure of the other organisation.

The similarity was accidental, I'd had the design sitting there for many months before I got to implement it here, and the process had kicked off some months before that.

So anyway…

"Bicycle Network is a charity that promotes the health of the community. We work with our supporters to get “More People Cycling More Often” and measurably grow the bike riding world"


So, a charity.

A charity sent me a legal letter a few weeks ago threatening me for infringing on their trademark. I hear through the grapevine they sent out a few letters that day.

A charity, spending their member's money on threatening other with essentially the same goal.

A charity promoting the health of the community that can't even be bothered emailing or writing to say "hey, like your new logo but think it's a bit close to ours, is there anything we could maybe do about it ?". Nope, straight to the lawyers.

I'm pretty upset about it. I find it frustrating that sites like this are here as a resource for people to meet, discuss, promote and generally do good, and along comes a charity that is meant to be on the same side and they go straight to the legal option. It's not like I'm making any money out of the whole deal, I run this site as a loss, my way of "being the change I want to see".

I had a talk to a few people in the know and general consensus is that the folks in charge at BN just "don't care" they don't see people as "on the same side" and really don't have any agenda other than their own.

Sigh.

A charity.

So after getting some more advice I decided that while I could probably fight and win this one, I really didn't have the emotional energy to do it. Not to mention the spare cash to throw at lawyers of my own.

So on this one, I give up. Chain links gone.

Personally I'm pretty disappointed, I'd heard the stories about how much BN didn't like playing with others, now I've seen it firsthand.

If you'd like to tell Bicycle Network what you think, go right ahead. If you're a member and want to know what they are doing with your membership fees. That's probably a valid question too. I suspect I'm too small to make a dent for them, but if everyone let them know and shared this with your social networks maybe they will get the message.

Thanks for reading! I'm off to ride my bike.
[Mod says - added quote tags]
The only good Cyclist is a Bicyclist

Huge fan of booted RGers who just can't help themselves

User avatar
sogood
Posts: 17168
Joined: Thu Aug 31, 2006 7:31 am
Location: Sydney AU

Re: Bicycle Network... and threats of legal action

Postby sogood » Mon Oct 14, 2013 8:51 pm

You are Damian?
Bianchi, Ridley, Tern, Montague and All things Apple :)
RK wrote:And that is Wikipedia - I can write my own definition.

User avatar
The 2nd Womble
Posts: 3058
Joined: Wed Jul 27, 2011 1:21 pm
Location: Brisbane
Contact:

Re: Bicycle Network... and threats of legal action

Postby The 2nd Womble » Mon Oct 14, 2013 9:50 pm

I want to wear his skin like a jacket.

It's good to know that although the name may have changed, BN never will.
The only good Cyclist is a Bicyclist

Huge fan of booted RGers who just can't help themselves

User avatar
Duck!
Expert
Posts: 9876
Joined: Tue May 21, 2013 8:21 pm
Location: On The Tools

Re: Bicycle Network... and threats of legal action

Postby Duck! » Tue Oct 15, 2013 1:29 am

For those not quite in the loop, Bicycle Network was formerly Bicycle Victoria. They may have actually been kind of OK once (about 30 years ago), but have become so short-sighted in their focus of "getting more people cycling " (I've left off the second bit because they've forgotten how to keep people keen on cycling regularly) that they've forgotten about the existing cyclists. They're forever spouting how wonderful they are 'cos they've built/funded bike paths here, there and everywhere, but conveniently forget that none of the bloody things link up, or that there are thousands of cyclists out there who use the network that serves the rest of the commuting community, (you remember those weird things called roads?) because it actually connects places in an effective fashion.

I was a member once, but let it lapse for several reasons (but mainly 'cos I was broke at the time). As time has gone since then, they've become so out of touch with the cycling populace that I have no desire at all to give them a cent.
I had a thought, but it got run over as it crossed my mind.

human909
Posts: 9810
Joined: Tue Dec 01, 2009 11:48 am

Re: Bicycle Network... and threats of legal action

Postby human909 » Tue Oct 15, 2013 2:38 am

Poor form.... Another cross against BV.

I can understand defence of their turf, but simple discussion is always preferable.

User avatar
g-boaf
Posts: 21456
Joined: Mon Sep 26, 2011 6:11 pm

Re: Bicycle Network... and threats of legal action

Postby g-boaf » Tue Oct 15, 2013 8:56 am

Very poor form indeed. I shall not deal with them.

How do they expect to get more people cycling with a bullying attitude like that?

Duck's comments above are quite right. What's the point of bike tracks if they don't link up.
Last edited by g-boaf on Tue Oct 15, 2013 9:03 am, edited 1 time in total.

User avatar
skull
Posts: 2087
Joined: Thu Oct 11, 2007 9:48 pm

Re: Bicycle Network... and threats of legal action

Postby skull » Tue Oct 15, 2013 9:02 am

Does bv changing their name to bicycle network mean it is aligned with bna?

Sent from my GT-I9505 using Tapatalk 4

User avatar
find_bruce
Moderator
Moderator
Posts: 10599
Joined: Mon May 09, 2011 8:42 pm
Location: Sydney

Re: Bicycle Network... and threats of legal action

Postby find_bruce » Tue Oct 15, 2013 9:50 am

skull wrote:Does bv changing their name to bicycle network mean it is aligned with bna?
No connection with BNA - the name change is simply a transparent attempt to disown their connection to Victoria & portray themselves as a national organisation
Anything you can do, I can do slower

Percrime
Posts: 1047
Joined: Thu Jan 29, 2009 9:41 am

Re: Bicycle Network... and threats of legal action

Postby Percrime » Tue Oct 15, 2013 10:50 am

And a bit close to infringing on the name of this site if you ask me

User avatar
skull
Posts: 2087
Joined: Thu Oct 11, 2007 9:48 pm

Re: Bicycle Network... and threats of legal action

Postby skull » Tue Oct 15, 2013 10:52 am

Percrime wrote:And a bit close to infringing on the name of this site if you ask me
That is sort of what I was leading too. Can bna now send legal letters to bicycle network?

Sent from my GT-I9505 using Tapatalk 4

User avatar
AUbicycles
Site Admin
Site Admin
Posts: 15589
Joined: Tue Aug 23, 2005 2:14 am
Location: Sydney & Frankfurt
Contact:

Re: Bicycle Network... and threats of legal action

Postby AUbicycles » Tue Oct 15, 2013 11:34 am

The legal action against the Sydney Cyclist and Melbourne Cyclists is surprising and I am assuming a phone call or a meeting over coffee would have been a far happier and productive approach.

When I heard about ex Bicycling Victoria using the name Bicycle Network Australia (with the 's') which is close to the name I have used and as a registered business since 1999 I called them from overseas to discuss and took away the understanding that we are two different groups but both with a compatible vision to encourage cycling and that they are conscious in their activities that BNA exists. While I do not agree with the name change - it is in my interest to better spend my time on productive tasks and in the last few years have been able to maintain this without issues or a clash and wish to continue to do so.
Cycling is in my BNA

User avatar
Mulger bill
Super Mod
Super Mod
Posts: 29060
Joined: Sun Sep 24, 2006 2:41 pm
Location: Sunbury Vic

Re: Bicycle Network... and threats of legal action

Postby Mulger bill » Tue Oct 15, 2013 11:38 am

skull wrote:
Percrime wrote:And a bit close to infringing on the name of this site if you ask me
That is sort of what I was leading too. Can bna now send legal letters to bicycle network?

Sent from my GT-I9505 using Tapatalk 4
They can afford better lawyers. :(
Easy if you spend members money to self advantage and not that of cycling/riders...

I still think if SCA and Go! Alliance were to collaborate in introducing an insurance scheme a lot of these orgs would be facing hard times.
...whatever the road rules, self-preservation is the absolute priority for a cyclist when mixing it with motorised traffic.
London Boy 29/12/2011

User avatar
The 2nd Womble
Posts: 3058
Joined: Wed Jul 27, 2011 1:21 pm
Location: Brisbane
Contact:

Re: Bicycle Network... and threats of legal action

Postby The 2nd Womble » Tue Oct 15, 2013 11:50 am

Mulger bill wrote:
skull wrote:
Percrime wrote:And a bit close to infringing on the name of this site if you ask me
That is sort of what I was leading too. Can bna now send legal letters to bicycle network?

Sent from my GT-I9505 using Tapatalk 4
They can afford better lawyers. :(
Easy if you spend members money to self advantage and not that of cycling/riders...

I still think if SCA and Go! Alliance were to collaborate in introducing an insurance scheme a lot of these orgs would be facing hard times.
Seriously considering gearing up for that MB. I should pick up the bat phone and give G!A a call.
The only good Cyclist is a Bicyclist

Huge fan of booted RGers who just can't help themselves

User avatar
find_bruce
Moderator
Moderator
Posts: 10599
Joined: Mon May 09, 2011 8:42 pm
Location: Sydney

Re: Bicycle Network... and threats of legal action

Postby find_bruce » Tue Oct 15, 2013 11:57 am

Mulger bill wrote:They can afford better lawyers. :(
Easy if you spend members money to self advantage and not that of cycling/riders...

I still think if SCA and Go! Alliance were to collaborate in introducing an insurance scheme a lot of these orgs would be facing hard times.
I am sure if it came to that we could rustle up some suitable support at no financial cost to BNA - plenty of lawyers enjoy being involved in litigation. The real cost that is never recovered however is the time and energy of being a party to litigation. As AUbicycles says he has much better things to be doing.

My advice to anyone who feels like being a party to litigation is to go for a ride until the feeling passes. That an organisation would chose this as their first approach suggests they see cycling advocacy as a competitive event rather than collaboration.
Anything you can do, I can do slower

User avatar
Mulger bill
Super Mod
Super Mod
Posts: 29060
Joined: Sun Sep 24, 2006 2:41 pm
Location: Sunbury Vic

Re: Bicycle Network... and threats of legal action

Postby Mulger bill » Tue Oct 15, 2013 12:18 pm

The 2nd Womble wrote:Seriously considering gearing up for that MB. I should pick up the bat phone and give G!A a call.
Do it! I'd like to volunteer myself as your first customer 8)
...whatever the road rules, self-preservation is the absolute priority for a cyclist when mixing it with motorised traffic.
London Boy 29/12/2011

User avatar
g-boaf
Posts: 21456
Joined: Mon Sep 26, 2011 6:11 pm

Re: Bicycle Network... and threats of legal action

Postby g-boaf » Tue Oct 15, 2013 12:25 pm

The 2nd Womble wrote:Seriously considering gearing up for that MB. I should pick up the bat phone and give G!A a call.
Go for it. You'll have me as a customer as well.

thomashouseman
Moderator
Moderator
Posts: 1265
Joined: Wed Sep 16, 2009 9:07 am
Location: Toongabbie NSW
Contact:

Re: Bicycle Network... and threats of legal action

Postby thomashouseman » Tue Oct 15, 2013 12:34 pm

I'd join if the costs are similar :)

User avatar
Aushiker
Posts: 22396
Joined: Tue Jun 05, 2007 1:55 pm
Location: Walyalup land
Contact:

Re: Bicycle Network... and threats of legal action

Postby Aushiker » Tue Oct 15, 2013 1:26 pm

and interestingly the Bicycle Victoria (is it the Bicycle Network?) tie up with Coca Cola is being discussed today at Crikey ...

Does not sound like they are really thinking things through at the moment.

Andrew

User avatar
WyvernRH
Posts: 3186
Joined: Tue Nov 06, 2007 6:41 pm
Location: Newcastle NSW

Re: Bicycle Network... and threats of legal action

Postby WyvernRH » Tue Oct 15, 2013 2:44 pm

Oh dear, this is all bad stuff... Oz does not seem to have a good record with larger bicycle advocacy organizations.
We recently joined Bicycle Victoria/Network instead of BNSW as membership of that organization was basically like throwing money down a mineshaft. At least we got a magazine and insurance with BV (BNV,.. whatever)
However, not keen on this behaviour at all, maybe have to organize our own insurance and forget about the magazine.
Cheers
Richard

User avatar
The 2nd Womble
Posts: 3058
Joined: Wed Jul 27, 2011 1:21 pm
Location: Brisbane
Contact:

Re: Bicycle Network... and threats of legal action

Postby The 2nd Womble » Tue Oct 15, 2013 4:06 pm

Aushiker wrote:and interestingly the Bicycle Victoria (is it the Bicycle Network?) tie up with Coca Cola is being discussed today at Crikey ...

Does not sound like they are really thinking things through at the moment.

Andrew
As opposed to when? Don't think that their joint support of Shane Warne as a road safety ambassador or the app that stopped you answering your phone (that has flight mode and an off button) is typical of their "good work". Nooo, they're normally alot worse than that.
The only good Cyclist is a Bicyclist

Huge fan of booted RGers who just can't help themselves

User avatar
Red Rider
Posts: 1024
Joined: Sun Jan 23, 2011 5:44 pm
Location: Perth

Re: Bicycle Network... and threats of legal action

Postby Red Rider » Tue Oct 15, 2013 4:10 pm

As mentioned, why they jump for the legal option straight away is not very positive.

I think the logos are quite similar, particularly with the colours, I'm not sure why you'd want to have a logo that could in any way be confused with theirs? So I think this is a good outcome on the OP's behalf. :wink:

User avatar
The 2nd Womble
Posts: 3058
Joined: Wed Jul 27, 2011 1:21 pm
Location: Brisbane
Contact:

Re: Bicycle Network... and threats of legal action

Postby The 2nd Womble » Tue Oct 15, 2013 4:13 pm

Don't think this is isolated to BV/BNV/BNA/BS everyone. BQld is fond of legal threats as well, although I doubt they ask their lawyers to send as many emails.
The only good Cyclist is a Bicyclist

Huge fan of booted RGers who just can't help themselves

User avatar
The 2nd Womble
Posts: 3058
Joined: Wed Jul 27, 2011 1:21 pm
Location: Brisbane
Contact:

Re: Bicycle Network... and threats of legal action

Postby The 2nd Womble » Tue Oct 15, 2013 4:17 pm

Red Rider wrote:As mentioned, why they jump for the legal option straight away is not very positive.

I think the logos are quite similar, particularly with the colours, I'm not sure why you'd want to have a logo that could in any way be confused with theirs? So I think this is a good outcome on the OP's behalf. :wink:
The logo on this thread on Brisbane Cyclist is merely a send up of the BV/BNV/BNA/BS/CIA/PETA logo and was intended to annoy more than anything. The links were simply rearranged to appear "middledigitextendedish".
The only good Cyclist is a Bicyclist

Huge fan of booted RGers who just can't help themselves

User avatar
casual_cyclist
Posts: 7758
Joined: Fri Feb 20, 2009 11:41 am
Location: Kewdale

Re: Bicycle Network... and threats of legal action

Postby casual_cyclist » Tue Oct 15, 2013 5:30 pm

Aushiker wrote:and interestingly the Bicycle Victoria (is it the Bicycle Network?) tie up with Coca Cola is being discussed today at Crikey ...

Does not sound like they are really thinking things through at the moment.

Andrew
In the article you linked to... "Coca Cola is, well, Coca Cola." Classic quote.
<removed by request>

User avatar
Lukeyboy
Posts: 3621
Joined: Tue May 29, 2012 2:38 am

Re: Bicycle Network... and threats of legal action

Postby Lukeyboy » Wed Oct 16, 2013 1:16 am

In Coca Colas defense it's the fault of people out there over indulging rather than being responsible for what they are drinking. The very same thing applies to junk food. I love eating the stuff but just because I enjoy it it doesn't mean that I only have to eat/drink liters of the stuff every day.

Who is online

Users browsing this forum: No registered users