18 November 2023

Will They Try To Ground Star Trek?


 I have owned a few Treks and ridden a few more.  I liked their rides, for different reasons, and was happy to have well-crafted frames made in the USA. 

As much as I liked my Trek bikes, I didn’t like the company quite as much.  While working in the bike shops that sold Treks, the company seemed, at times, to have the attitude that you should be very, very grateful to have one of their bikes.  Warranty claims took forever to settle and the sales rep whose territory included Highland Park Cyclery when I worked there remains one of the most obnoxious people I’ve met. 

So I wasn’t surprised when Trek tried to stop Washington State resident Christina Isaacs from using a trademark—Ranger Trek—for backpacks, T-shirts, jackets and other items that would be sold mainly in National Park stores.

She tried to register the trademark in 2016. Trek appealed to the Trademark Trial and Appeals Board, claiming that consumers could conflate their brand with hers.  The rationale for the Trek’s attempt to keep Isaacs from using her brand name is that the bike manufacturer has used its name to market backpacks, other bags and even lunchboxes. Also, Trek claimed, its bicycles are closely associated with parks.

When Trek lost their appealat the Board, and it wouldn’t reconsider, they brought Isaacs to court. Last Wednesday, the Federal Circuit  Court upheld the Board’s ruling.  

That Trek would keep Isaacs tied up in litigation shouldn’t come as a shock.  On a list of “Trademark Bullies” maintained by Trademark.com, Trek ranks number 4, just behind Kellogg’s, Apple and Monster Energy.

16 November 2023

Nobody Uses Citibike Anymore Because Too Many People Use It

 When discussing bicycle- or "micro-mobility"-related issues, some people can't keep a metaphor or a story straight, let alone construct a cogent argument.

On Monday, I pointed out the malapropisms and simple lack of sense of a Manhattan community board member's objection to a bill that would require, among other things, licensing eBikes--even though I agreed, in principle, that it's not a good bill.  Likewise, while I and many other New Yorkers can point to problems with Citibike's service and equipment, the City Comptroller's review of it seems to be guided, as Streetsblog suggested, by Yogi Berra's observation about a restaurant:  "Nobody goes there anymore because it's too crowded."

On one hand, the report from Brad Lander--who has been mentioned as a possible successor to Eric Adams as this city's mayor--says that Lyft, the ride-share service that now operates the bike-share program, is no longer providing "reliable and equitable service."  On the other, it acknowledges that "Citibike enables millions of trips each month" and that in 2022, there were 30 million trips: "five times as many as when the city first launched in 2013."  Moreover, the report went on to say that preserving (Italics mine) Citibike as a "high-quality transportation service is essential."

Riders pick up and drop off Citi Bikes at a docking station on the Upper West Side.
Photo by Lindsey Nicholson 

 


So why did I italicize "preserving?"  Well, it's notable that  esteemed Comptroller used that word, and not "restoring" or some synonym for it.  While it's far from perfect, I would say--and the phrase at the end of my previous paragraph would indicate--that Citibike is at least pretty good at what it does.  Of course, my experience with it is very limited, but on the occasions when I used it, I could find a bike that worked reasonably well (not like my own, but that's a pretty high bar, if I say so myself) and a port in which I could leave and lock it without too much trouble.  Now, I only used Citibikes between my bike-rich neighborhood of Astoria and central locations in Manhattan and Brooklyn. So, perhaps, I never had to experience what elicits the program's sharpest criticisms, to which the report alludes:  that Citibike doesn't serve low-income neighborhoods and communities of color--or, for that matter, the borough of Staten Island.

Aside from the ways the report contradicts itself, Gersh Kuntzman of Streetsblog points out that it has another problem:  the report is based on only two months--June and July of 2023, when Lyft admitted that it was experiencing problems, especially in certain areas (mainly in the Bronx) and with theft--out of nearly five years of the company's operating the service.

13 November 2023

They Won’t Obey The Law. So Why Pass It?

 

Community Board 6, Manhattan . Photo by Kevin Dugan for Streetsblog NYC.

People kill people. Therefore, laws against homicide and manslaughter are pointless.

Any lawyer who made such a statement probably wouldn’t be a lawyer for much longer. And anyone else who uttered it might be committed—or, in some places, elected.

While nobody in Manhattan’s Community Board 6–which includes the east side of the borough from 14th to 59th Street, one member of that wise and worldly body said something that is, at least to mind, just as logically flawed.

Or could it be that Jason Froimowitz has access that I lack to powers of reasoning. He was reactingto a bill, proposed by City Council Member Robert Holden, that would require, “ every bicycle with electric assist, electric scooter, and other legal motorized vehicle that is not otherwise required to be registered with the DMV, to be registered with DOT and receive an identifying number which would be displayed on a visible plate affixed to the vehicle.”

That sounds good on its face. But, perhaps not surprisingly for anything from Holden—who’s never met a cop or car he didn’t like—it’s not very well thought-out.  For one thing,  doesn’t address a legal loophole that allows moped buyers to leave the shop without registering the vehicle. So someone could buy a moped and the city would be none the wiser—and thus unable to enforce a mandate to plate.

The bill also does not acknowledge a major source of dangerous moped and ebike operation:  food delivery apps, which guarantee customers that their ramen will be delivered within 15 minutes or some similar time frame.  As it stands, delivery services and the restaurants that employ them face no penalties when their delivery workers maim or kill someone.

To be fair, requiring registration—from the point of sale onward—would make it easier to hold Doordash and their ilk to account, in part because the police will have one less excuse for not enforcing bans on motorized vehicles in bike and pedestrian lanes—and for not citing dangerous operation on the streets.

Froimowitz's objection to the bill, however, has nothing to do with the flaws I have enumerated.  Rather, he seems to think that passing any law to address the issue is pointless.  This would-be bastion of jurisprudential logic instead offers up this analogy as his reason for voting against the bill:

We currently require registration and license plates for motor vehicles in New York City and there is a prolific problem of vehicles obstructing, and removing, and defacing those license plates, so I fail to see how a solution requesting new implementation of  license plates would be effective. 

Before I proceed, I must say that I fail to see how a vehicle can obstruct, remove or deface a license plate.  And I am trying to wrap my head around "a prolific problem."  When someone or something is "prolific," they produce something in abundance, whether it's fruit from a tree or writing from a blogger.  A problem does not produce anything; it is produced and whatever produces it might be prolific if it is making more problems or anything else.

Now that I have pointed out the mixed metaphors and overall lazy use of language by a member of a community board that includes some of the city's most affluent and presumably best-educated residents, I will say, in fairness, that he is right on one count:  No regulation will stop all dangerous, discourteous and simply stupid behavior.  But to use that as a reason not to require registration and plating is a bit like saying that there shouldn’t be any restrictions on guns because someone, somewhere will find a way around them.