LeMond vs. Trek: It Is About The Bikes

by Rant on November 16, 2009 · 12 comments

in Greg LeMond, Lance Armstrong, Trek Bicycles

According to news reports, tomorrow (or more likely today by the time most folks read this) a judge in Minnesota will issue a ruling that will either keep Greg LeMond’s lawsuit against Trek Bicycles alive, or bring a quick end to the case. It’s all part of what is one of the most contentious of divorces, if this were a married couple and not a businessman suing another business, that is.

At issue is whether Trek Bicycles was right in terminating it’s relationship with Greg LeMond, the original American Tour de France winner. To hear Trek’s side of the story, LeMond did a number of things that undermined not only the LeMond bicycle brand, but also the parent company’s brand, too. To hear LeMond’s side of the story, a certain other Tour winner strong-armed Trek into pressuring Greg to shut the heck up about all the doping stuff, and Trek caved into that other person’s demands.

Which is where it gets a bit puzzling for me. LeMond had a licensing deal with Trek where the Wisconsin-based manufacturer would distribute bicycles bearing the LeMond brand. For 13 years, from 1995 through 2008, Trek produced and distributed LeMond bikes, paying Greg a royalty on every bike sold. Considering the state of the American bicycle industry in the mid-1990s, Trek pretty much ensured the survival of the LeMond brand during the latter half of that decade and into the early 2000s. Without Trek, the LeMond brand would have already been consigned to the ash-heap of history, like a number of other brands that were once popular 15 or 20 years ago.

On the other hand, Trek has sponsored Lance Armstrong and the teams he’s been a part of since the late 1990s. They have been his sponsor during every one of his Tour de France campaigns, including his seven consecutive wins, and they have reaped quite the sales bonanza as a result. Armstrong, however, does not have his own line of bikes, and last time I checked the local Trek dealership, I didn’t see any Lance Armstrong signature models being sold at a premium price. (Actually, I haven’t seen any LA signature models at all at any Trek dealer I’ve visited, including the company-owned stores in Madison and St. Louis.)

In some ways Trek is stuck in the middle in a war not of its choosing.  For a good, long time LeMond and Trek did business together and did quite well. But Trek also sponsors Armstrong, the 800-pound gorilla of the American cycling scene. Regardless, the real beef here is between the two businesses, but one side (LeMond) wants to drag another party (Armstrong) into the dispute.

Granted, there’s been bad blood between the two cyclists since 2001, when LeMond paid Armstrong what can be charitably described as a left-handed compliment in comments he made to David Walsh of the (London) Sunday Times. “If Lance is clean, it is the greatest comeback in the history of sports. If he isn’t, it would be the greatest fraud.” As Nathaniel Vinton of the New York Daily News also noted:

One thing is certain: Trek CEO John Burke was put in the unenviable position in 2001 of trying to mediate the dispute between two star cyclists, both of whom brought millions of dollars into his company.

Vinton’s story runs with the headline, “It’s not about the bikes,” a play on the title of Lance Armstrong’s book (ghost-written by Sally Jenkins) which was originally released in 2000. Regardless of whether or not Armstrong used performance-enhancing drugs, and regardless of what Greg LeMond thinks of Lance Armstrong (or vice versa), the real dispute is between LeMond and Trek. Armstrong’s part of this whole saga is that of a distraction or a sideshow. If LeMond’s brand had continued to sell well, Trek would have no problem producing and marketing the bikes. After all, what sane company is going to get rid of a cash cow? On the other hand, if Trek didn’t support LeMond’s brand well enough to keep those sales going, then LeMond might have a case against the manufacturer.

Now, Armstrong (whose Mellow Johnny’s bike shop is a large Trek dealer) may not have liked what LeMond said about him in that 2001 interview and comments that LeMond has made since then. And the folks at Trek may well have been stuck in the awkward position of trying to mediate between two strong personalities — one whose name appeared on bikes they produced, and the other whose image appeared in countless ads and other promotional materials for the company’s flagship products.

But I don’t really see where Armstrong would be in a position to strong-arm Trek into dropping the LeMond brand, or even to force LeMond to shut up. Yes, Lance’s image helps Trek sell some bikes. But at the end of the day — given the controversy that surrounds the seven-time Tour winner — it seems to me that this is pretty much of a wash. Many American cycling fans are either passionately for Armstrong or passionately against Armstrong. When they go to the store to buy a bike, those strong feelings probably cancel each other out in terms of overall sales — at least on the high-end, high-profit bikes.

As one Trek attorney told Judge Richard Kyle at a hearing last week:

Trek has always supported Greg in his comments about doping in general – those comments are fine, but the specific attacks on individual athletes were not. ‘No comment’ would have been a preferable statement to attacks on specific athletes. Trek would have been okay with that.

Judge Kyle has recommended that the two warring sides try to come to an out-of-court settlement. Given the personalities involved, I rather doubt that this saga will come to an end before 2010 — at the earliest.

Greg LeMond may want his lawsuit against Trek to be about Lance Armstrong as the New York Daily News article suggested, but in the end LeMond’s lawsuit and Trek’s countersuit really are all about the bikes.

R Wharton November 16, 2009 at 10:31 pm

The whole “distraction” theme rings true to another case about cycling, only in this case, one of the two parties highlighted above may have been the distraction…

Thomas A. Fine November 16, 2009 at 11:00 pm

It’s all about the contract. What does the contract say about Trek’s obligations, and about Lemond’s obligations with respect to harming Trek’s image, and what does the contract say about how those things relate to each other. There’s probably quite a bit of room for discretion and interpretation.

Part of the point is that people forget that 1st amendment applies only to the government’s ability to restrict speech. It is perfectly legal for contracts to explicitly or implicitly restrict speech.

Of course if someone insists on addressing the moral issue instead of the legal one, I’d point out that Lemond never claimed to know any facts about Lance. So any efforts to silence Lemond therefore could only be about damage to image, and not about maintaining some kind of secret.

Some of the hardcore Lance haters look to me like the same conspiracy nuts that won’t let go of JFK or the moon landing.

tom

Rant November 17, 2009 at 7:07 am

RW,

There may be a pattern, but far be it from me to suggest what that pattern is. 😉

Tom,

Actually, you’re right. It is all about the contract, whatever that contract between Trek and LeMond might be. Everything else is superfluous, or a distraction, or …

Jeff November 17, 2009 at 6:22 pm

I am somewhat biased against LeMond. IMHO, he was an excellent racer, but seems alternately uninteresting or annoying post riding career. I would not be happy to trade my life with his. When he was riding, and post riding career, everyone seemed to work against him. That doesn’t sound like and attractive state to live in. YMMV.

Armstrong was also a great racer. All credit to doing so well in racing and business after leaving his deathbed. I don’t admire much about his private life or his ego, but do have respect for the funds he raises to combat cancer.

However, that has little or nothing to do with LeMond vs. Trek. It should come down to contractual obligations. That contract is likely quite complicated and one can expect any trial to be complicated as well. I don’t have the energy to attempt to gather enough material to venture an educated guess.

Some observations:
· LeMond seems quite litigious for someone who occasionally professes to seek living a quiet life.
· LeMond did prevail in the Montana land suit.
· Armstrong does not seem overly litigious, given his exposure.
· It seemed superfluous to have the former Mrs. Armstrong deposed. Some would expect an alternate agenda at play?
· If LeMond undercut dealers by selling promo bikes provided to him under contract, that does not seem to be in his favor.
· Given past history, one could/should/might reconsider speaking with LeMond about sensitive/confidential information via telephone. It might be Memorex?

In other news, Ouch will not continue as a sponsor and Floyd is leaving his current team. Seeking opportunities for races better suited to his characteristics: http://www.cyclingnews.com/news/msgs-president-surprised-by-landis-exit

Rant November 17, 2009 at 9:48 pm

Jeff,

Good points. I have to say, these days I respect LeMond’s abilities as a racer, but I’m puzzled about the battles he chooses to fight and the people he chooses to fights with.

I also respect Armstrong as a cyclist and for everything he does regarding cancer and advocating for better funding and more research (all the more so because my dad fell victim to pancreatic cancer). He doesn’t strike me as someone I’d want to have a beer with, though.

Thanks for the link, by the way. That’s the most informative story I’ve seen so far regarding today’s developments.

Jeff November 17, 2009 at 10:28 pm

I’d personally pass on the beer with LA. (Might be surprising to some who have accused me of being a fanboy because of my opposition to the anti-doping establishment) Bob Roll is a lot of laughs though.

Jean C November 18, 2009 at 3:58 am

An other reading about that affair :
http://nyvelocity.com/content/features/2009/treklemond-watch
Even if I am not familiar of US laws, I am not surprise that ex-wife of Lance refused to respond to questions about Lance’s doping allegations, but why is it needed not to answer to Dr. Ferrari presence at a diner? Lance has already said it was one of his friend, would he be anormal to share a diner with a friend?

Lemond seems to be implicate in more lawsuits than Lance but he seems to win them probably because his cases are justified.

Rant November 18, 2009 at 7:15 am

Jean,

I’ll have to take a look at that article. NY Velocity usually has an interesting take on controversial stories.

By the way, I don’t know about the law in France, but in this country there’s a rule that one spouse can’t be forced to testify against the other during trial. I imagine that it applies in the LeMond vs. Trek case, given that the time period LeMond’s lawyers were asking about was when Kristin and Lance Armstrong were married. That being the case, it seems almost pointless to even bother.

I wouldn’t read too much into whether LeMond is more justified in taking legal action judging by his record of wins and losses. Armstrong is pretty savvy. He might figure that it’s better to save his money and avoid the negative publicity, rather than going into court.

Jean C November 19, 2009 at 9:43 am

More to read on velocitynation with a partial transcript of the hearing.
What is funny is Trek having a strong antidoping close in their contract with athletes. How could they go after someone like Lemond who is known to be anti-doping before Armstrong incident?
Should they have cancelled their contract with Lance after the revelation of Lance’s revelation with a such doctor like Ferrari? Even Virenque refused to “work” with him because it was like admitting to dope.
http://velocitynation.com/content/features/2009/treklemond-watch-1111-hearing

Rant November 19, 2009 at 11:15 am

Jean,

With such a clause in Trek’s contracts with sponsored athletes, it’s all in the interpretation. Armstrong has never been formally accused by the anti-doping system, which may keep him on the right side of that clause. Trek may not act on such a clause unless a formal charge has been made. I’d like to know if/how they proceeded in the case of other sponsored athletes accused of doping or rumored to be doping.

Trek isn’t going after LeMond because he’s against doping in general, their disagreement with LeMond has to do with his comments about specific athletes, and how those comments affected their joint business. Trek contends that the result of LeMond’s comments about Armstrong was a loss in business for both the LeMond and Trek brands of bicycles they produce. If that’s true, then LeMond would have been better off not speaking to individual cases, but rather offering more generic comments.

Whose fault any loss in business occurred is a matter of debate. Based on the reports of how few bikes were sold in France, for example, it sounds like Trek didn’t do a great job of promoting the LeMond product. But … and this is an important thing to consider … the question is whose responsibility was it to promote that brand? Does Trek promote its products outside North America? Do the official importers or distributors? Or are the various brands (LeMond, included) supposed to do their own promotion and marketing in the rest of the world? Before we draw a conclusion on what those numbers meant, we need to know who was responsible for what.

Jeff February 1, 2010 at 8:10 pm

I’m pleasantly surprised Trek and LeMond settled, and especially surprised they settled anytime prior to just moments before walking into the courtroom for the scheduled trial in March.

I have to hand it to LeMond for making a seemingly good decision. It would appear he is making getting on with his life and supporting a worthy charity/cause a higher priority than the chance to vociferate against LA in court. Betsy A must be disappointed?

Though I doubted it would happen, a settlement had always seemed the most logical and appropriate course. Neither side was pure in the dispute. Both sides stood to loose important points, with the emergence of a clear victor being improbable. The details of the settlement, other than there is one, Trek is contributing to a LeMond linked charity, and LeMond reclaims control of the bike brand named after him, are probably confidential. Time will tell.
http://velonews.competitor.com/2010/02/news/joint-press-release-of-greg-lemond-and-trek-bicycle-corporation_103654

edit: it is reported that LeMond cannot discuss the value of the settlement and one other undisclosed/yet to be disclosed topic, however he is unrestricted with regard to speaking about doping: http://nyvelocity.com/content/features/2010/lemondtrek-settle

edit #2: Bonnie Ford is reporting the value of the charitable donation from Trek to LeMond’s charity is $200,000.
http://sports.espn.go.com/oly/cycling/news/story?id=4877992

edit #3: LeMond’s attorney, James DiBoise, invokes a “don’t f&@k with LeMond” clause: “Greg would still be permitted to pursue action against anyone who he determines in the future interferes with his business relationships, and he’s also free to make certain that folks who have maligned him are held accountable,” said DiBoise.
http://www.nydailynews.com/sports/more_sports/2010/02/01/2010-02-01_tour_de_france_legend_greg_lemond_trek_bicycle_corporation_reach_outofcourt_sett.html

That’s enough for now….

Rant February 1, 2010 at 9:56 pm

Jeff.

Thanks for all the links. I have to say, I’m also pleasantly surprised to see the news of a settlement. From what I’ve seen and heard in following this saga, there was blame to go around on both sides. It’s definitely a good move by LeMond to settle. He’s got the rights to the bike brand again, and if he wants to try and resurrect the brand, he’s free to do so.

I suspect he won’t fare much better than the last time he was an independent brand, but one never knows. Given his rock-star status in other places, he might make a good showing in the international market, even if he doesn’t do well here.

For Trek, it keeps whatever dirty laundry exists from being aired. And it keeps a whole lot of ugliness that could tar and feather their brands from being brought out in public.

And, in the settlement, there’s some money to support what sounds like a good cause. Now, I wonder what that one other thing that LeMond can’t speak publicly about happens to be. Perhaps it’s not a “thing,” but a person? I guess we’ll see as time goes by.

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