Bree Posted March 27, 2009 Report Posted March 27, 2009 The local independent bike shop I frequent has a neon light fixture with the bar and shield and an eagle. The owner displays it in the front window until he gets a cease and desist letter from H-D's mouthpieces. Then it goes into his office for a couple of months only to return to the front window when the furor dies down.He specializes in H-D and is a big fan of their bikes but he isn't "officially" licensed. All I can say is that "fools rush in where angels fear to tread." The guy is like a moth flitting closer and closer to the candle's flame. Sooner or late he is going to get too close and get burned. Quote Ride Safe! Bree 2003 Dyna Wide Glide Memberships: Iron Butt Association, Niagara Falls HOG, Wild Fire HOG NRA, Niagara County Sportsman's Association
Members bustedlifter Posted March 30, 2009 Members Report Posted March 30, 2009 All I can say is that "fools rush in where angels fear to tread." The guy is like a moth flitting closer and closer to the candle's flame. Sooner or late he is going to get too close and get burned. He's been in the business for 30 years and I think he's had the light for about 1/2 that time. It's currently been up for almost 3 years. I think the company has more urgent concerns than some independent shop's neon sign. Quote
Contributing Member wolvenstien Posted March 30, 2009 Contributing Member Report Posted March 30, 2009 I specialize around here in making tool bags for bikes. Almost every one of them have the bikes brand name CARVED into the top flap. INDIAN, HARLEY, HONDA, SUZUKI, KAWASAKI.... Or it had the model name such as MAGNA, SPORSTER, 883, DYNA, BOULEVARD.... or whatever. These are handmade, one of a kind, functional, works of art. All carving are in the style of the manufacturer as was either printed or painted on the bike, or displayed in their literature if the paint and chrome on the bike is custom and you cannot copy the likeness. Personally, if Harley or Honda want to get pissy for me giving them free advertising.... Well.... it is art.... Quote "The miracle is not how two adults can create a child, the phenomenon is how quickly a child can create two adults." -- VYBE Her: Hit Me Him: Do you want me to use the knife? Her: No, When you hit with a knife, that's STABBING!
Bree Posted March 30, 2009 Report Posted March 30, 2009 I specialize around here in making tool bags for bikes. Almost every one of them have the bikes brand name CARVED into the top flap. INDIAN, HARLEY, HONDA, SUZUKI, KAWASAKI.... Or it had the model name such as MAGNA, SPORSTER, 883, DYNA, BOULEVARD.... or whatever. These are handmade, one of a kind, functional, works of art. All carving are in the style of the manufacturer as was either printed or painted on the bike, or displayed in their literature if the paint and chrome on the bike is custom and you cannot copy the likeness. Personally, if Harley or Honda want to get pissy for me giving them free advertising.... Well.... it is art.... I would suggest that it is a commercial product that is sold with the advantage of their proprietary trademarks. Using HD's name or their marks is very dangerous if you charge money and especially if you are selling anything connected to motorcycles. If there can be any confusion in the mind of a consumer as to whether you have any association with them, you are in trouble. If there can be any idea that you are approved by, recommended by, endorsed by etc. you have violated their rights and they have a case. Remember that they sell tool bags and you are competing against them using their marks that they paid to develop, market, and build!! That competition is unfair and they have rights. As for the bar and shield... we have a guy just outside of Buffalo who was using it and the name the Hog Farm. The MOCO got aggravated and whacked him for both. They lost on the HOG Farm but they won on the bar and shield. Here is the ruling: http://caselaw.lp.findlaw.com/scripts/getc...2nd/979446.html Quote Ride Safe! Bree 2003 Dyna Wide Glide Memberships: Iron Butt Association, Niagara Falls HOG, Wild Fire HOG NRA, Niagara County Sportsman's Association
Members DaltonMasterson Posted September 21, 2009 Members Report Posted September 21, 2009 I have a Baron stamp that is eerily similar to the H-D trademark. It says Live to Ride Ride to Live I believe. I have used it once for a guys key fob. I wonder if its close enough to get me in trouble? I also have a Colt one made by Baron, that I know can get me a cease and desist letter. Colt is very fond of sending letters to a gunsmith friend of mine. DM Quote Specializing in holsters of the 1800s. http://www.freewebs.com/daltonmasterson/plumcreekleatherworks.htm
Members DaveT Posted September 30, 2009 Members Report Posted September 30, 2009 Remember too, that a company will ALWAYS tell you they own everything, including your underwear and soul if you ask them. The truth is somewhat less drastic. It has been my experience that many companies are quick with the cease and desist letters, but also know that they haven't got a case if it gets to court. They gamble that they can bully individuals into giving up if they bluster enough. Case in point, "The Jeep Bar" in Wyoming. After Chrysler bought Jeep from AMC, A letter went out to the owner of the bar, who had been called "Jeep" since before there were Jeeps. Jeep being the noise made by and old cartoon character (Popeye cartoon I think). He won. Took a while, but gist was that he was not competing in the same business as Chrysler, so the trademark had no standing, and if he had wanted he could have sued Chrysler for use of his name! If you use a trademark name on a one of a kind piece of artwork, I believe it falls under the same fair use laws as a literary quote. Otherwise, how did Andy Warhol get away with selling prints of Campbell soup cans? Dave T. Quote
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