Factor issued cease-and-desist letter from Colombian steel bike brand over “misleading and confusing” Scarab design

The launch of a new special edition ‘scarab’ colour scheme for Factor’s Ostro Vam aero bike has attracted controversy this week, after Colombian steel bike manufacturer Scarab issued a cease-and-desist letter to the company, claiming that the use of its name and similar branding was “misleading” and “heightening consumer confusion between the two brands”.

Earlier this week, Factor unveiled a limited-edition version of its flagship Ostro Vam bike, the ‘scarab’ colourway of which is named after the stout-bodied beetle’s often bright metallic and colourful shells – the inspiration, Factor says, for the bike’s “iridescent paint pigmentation”.

However, the colour scheme’s name and Factor’s use of a beetle as part of its branding for the launch (albeit not on the bike itself) has been criticised by custom steel bike company Scarab Cycles, which has claimed that the promotional materials not only mimic the Colombian brand’s name but also resemble its beetle logo.

In an official response to Factor’s launch, while noting that the use of ‘scarab’ may have been “unintentional”, Scarab Cycles argued that the marketing has created confusion among customers – many of whom believe that the colour scheme marks a collaboration between the two brands – and called on Factor to stop using both the name and logo.

Located in the Andes just south of Medellín, Colombia’s second-largest city, Scarab was founded in 2018 by Santiago Toro, and quickly established a reputation for hand building unique custom steel bikes with vibrant designs inspired by the country’s cycling heritage.

> Scarab Cycles - the story of a Colombian steel bike company

The brand’s name derives from the nickname given since the 1950s to Colombian cyclists, escarabajos – for their ability to rapidly climb walls (or in the case of the riders, fearsomely steep mountain passes) – and popularised globally in the 1980s with the emergence of a wave of Colombian climbing talent on the European scene, led by Lucho Herrera and Fabio Parra.

Scarab holds a trademark in Colombia for its name and logo, though it is unclear whether this applies globally.

 

 

 

 

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A post shared by Factor Bikes (@factorbikes)

Nevertheless, the similarities between Scarab’s branding and the promotional materials used for Factor’s special edition Ostro Vam have prompted the Colombian company to issue a cease-and-desist letter to its larger, carbon-focused counterpart.

“To address the recent announcement of Factor Bikes’ ‘OSTRO VAM Scarab’, Scarab Cycles has sent a cease-and-desist letter to Factor Bikes regarding the use of the Scarab name and logo in connection with this bicycle,” Scarab said in a statement.

“The use of these elements is confounding, misleading, and something we don’t believe Factor would intentionally infringe upon.

“To be clear: this is not – and never was – a collaboration. Factor’s history of partnering with well-known artists and designers such as Paul Smith, David Millar, and Hatsune Miku has understandably led to this assumption, but Scarab Cycles is not affiliated with Factor Bikes in any way.”

The Colombian company also claimed that the font used by Factor is “quite similar to the typography Scarab Cycles has used since our inception”, though the font included in Factor’s promotional material for the bike appears to be exactly the same as its normal typography.

Scarab continued: “Our bikes are known for being bold, loud, and often incorporating unique finishes, including colour-changing paints inspired by Colombia’s vibrant nature. These shared design elements have undoubtedly heightened consumer confusion between the two brands.

“While it’s our understanding that Factor has not painted a Scarab logo or wordmark on the bicycle frame itself – using it only in their marketing materials – this oversight has still created significant brand confusion.

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“Since the logo and name have not been applied to the product itself, we believe it is straightforward and cost-effective for Factor to correct this mistake. Factor Bikes’ origins in Miami, Florida, and Scarab’s global presence likely contributed to this unintentional overlap.

“We want to emphasise that we have nothing but respect for Factor as a brand and manufacturer. Like Scarab, they are one of the few companies in the cycling industry that designs and produces their own bikes, a rarity we deeply admire.

“We remain optimistic that this issue can be resolved amicably so that both brands can continue focusing on what we do best: crafting exceptional bicycles for riders around the world.”

 

 

 

 

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A post shared by Scarab Cycles (@scarabcycles)

While Scarab’s official response appears intent to reach an “amicable” solution, the brand’s approach on its social media channels was rather more forthright.

“At Scarab Cycles, every FACTOR is considered to craft bikes as unique as our country,” the company’s latest social media post, which also includes a definition of the scarab and the name’s links to Colombia’s racing pedigree and tradition, says sarcastically.

“What’s in a name? For us, Scarab is about the rich heritage of cyclists and our country. Oh, and it’s OUR NAME,” the caption added.

When approached by road.cc for comment, a spokesperson for Factor said: “We're aware of the issue and are working with our legal advisors on a response. It's not our policy to publicly comment on ongoing legal matters.”