snogoer Posted August 18, 2009 Share Posted August 18, 2009 Legendary Cycles LLC 122 Pacific Avenue Thompson, ND 58278 Gentlemen/Ladies: We recently learned that you are using our HARLEY-DAVIDSON w/Bar & Shield Design trademark to promote your motorcycle-related business. Specifically, we are aware that you display the HARLEY-DAVIDSON MOTOR COMPANY w/Bar & Shield Design logo on the home page of your web site at www.legendarycycles.com, and that you display the HARLEY-DAVIDSON MOTOR CYCLES w/Bar & Shield Design trademark on your “Vendors” page. Harley-Davidson owns the HARLEY-DAVIDSON and Bar & Shield Design trademarks and has the exclusive right to use these trademarks in connection with motorcycles and relative goods and services, specifically including retail store services in the field of motorcycles. We have been using our name and logo in our business for over 100 years, and they have become famous and instantly-recognized symbols of our company and our products and services. For this reason, only full-service, authorized Harley-Davidson motorcycle dealers are permitted to display our logo in any form or in any context. Further, the HARLEY-DAVIDSON MOTOR COMPANY logo is reserved exclusively for corporate use by Harley-Davidson itself. Businesses having no direct relationship with Harley-Davidson are limited under trademark law to the use of worded trademarks (as opposed to logos) to describe their goods and services, and then only in truthful, informational statements and phrases and to the least extent necessary. Such businesses may advertise, for example, “Parts and accessories for Harley-Davidson® motorcycles” or “Service and repairs for Harley-Davidson® motorcycles,” where all of the words are the same size, color, and type style so that no undue emphasis is placed on our trademarks. Logos may not be used to convey or imply such information. Further, listing Harley-Davidson as a “vendor” on your web site implies that you are able to purchase products directly from Harley-Davidson, which is not true. Please note also that “Harley-Davidson” must always be hyphenated and marked with a ®. Your use of our trademarks in the above-described manner is likely to cause confusion, mistake, or deception in the marketplace, in that consumers are likely to believe that your business and/or goods and services are somehow affiliated with, sponsored, or authorized by Harley-Davidson, when this is not the case. Your actions are also likely to dilute the distinctive character of our famous trademarks. Under the circumstances, it is our view that your conduct constitutes trademark infringement, unfair competition, and trademark dilution. Therefore, we must insist that you immediately stop all use of our HARLEY-DAVIDSON w/Bar & Shield Design trademark (in any form) in any way in connection with your business, including as described above, and to remove all images of our logo from your web site. We also require your written assurances that you will refrain from these activities and any other conduct that infringes our trademark rights in the future. We hope that you will choose to resolve this quickly and amicably, and would appreciate receiving your positive, written response as soon as possible. Sincerely, Judy Henslee Trademark Manager Harley-Davidson Motor Company 3700 W. Juneau Avenue Milwaukee, WI 53208 (414) 343-4609 Well.....Screw em! Quote Link to comment Share on other sites More sharing options...
Last Resort Posted August 18, 2009 Share Posted August 18, 2009 This can get costly pretty quick Quote Link to comment Share on other sites More sharing options...
AlbertaIndianChief Posted August 18, 2009 Share Posted August 18, 2009 Those Harley people are pretty sticky. There's a Gal up here in Calgary that has a small Kiosk and sells used Harley and Indian clothing, leathers etc. She had to call herself Hardly Davidson used clothing and memorabilia after talking to them and Not use their logo<_< Quote Link to comment Share on other sites More sharing options...
indian T Posted August 18, 2009 Share Posted August 18, 2009 (edited) Edited August 18, 2009 by indian T Quote Link to comment Share on other sites More sharing options...
Moon Killer Posted August 18, 2009 Share Posted August 18, 2009 My competitor put the bar & shield on his shop, Not only did HD make him remove it they won't sell him parts anymore. Quote Link to comment Share on other sites More sharing options...
BLUCHIEF Posted August 18, 2009 Share Posted August 18, 2009 My sentiments exactly ..!. Quote Link to comment Share on other sites More sharing options...
MeanGene Posted August 18, 2009 Share Posted August 18, 2009 Posting "Screw em!" on a public internet forum might not be the wisest strategy in this case- might help you to get an expensive lesson in who's got the biggest screw- and knows how to use it. Pretty common knowledge that you can't use the MoCo's- or anyone else's- registered trademarks without their permission. Best course might be to un-puff your chest, remove the logos, and write the letter. Attorneys are a daily budget cost to them, but to you? Is it worth it? They've given you the chance to get out easy- might want to think about it Quote Link to comment Share on other sites More sharing options...
SwissIndian Posted August 18, 2009 Share Posted August 18, 2009 (edited) Edited August 18, 2009 by SwissIndian Quote Link to comment Share on other sites More sharing options...
snogoer Posted August 18, 2009 Author Share Posted August 18, 2009 Posting "Screw em!" on a public internet forum might not be the wisest strategy in this case- might help you to get an expensive lesson in who's got the biggest screw- and knows how to use it. Pretty common knowledge that you can't use the MoCo's- or anyone else's- registered trademarks without their permission. Best course might be to un-puff your chest, remove the logos, and write the letter. Attorneys are a daily budget cost to them, but to you? Is it worth it? They've given you the chance to get out easy- might want to think about it We complied within 5 minutes of receiving the email.....I can say screw em all I want on our forum..... We know who has the biggest screw, and it was our web guy who put that on there and said it would be all right...........We called them and made peace ASAP........ Quote Link to comment Share on other sites More sharing options...
BONMYI Posted August 18, 2009 Share Posted August 18, 2009 We complied within 5 minutes of receiving the email.....I can say screw em all I want on our forum..... We know who has the biggest screw, and it was our web guy who put that on there and said it would be all right...........We called them and made peace ASAP........ Good deal Bob, Was gonna ask ya if you wanted me ta call em, N handle this for ya !! LOL Dave Quote Link to comment Share on other sites More sharing options...
Harleynot Posted August 18, 2009 Share Posted August 18, 2009 (edited) Edited August 18, 2009 by HARLEYNOT Quote Link to comment Share on other sites More sharing options...
RCH Posted August 18, 2009 Share Posted August 18, 2009 That's my boys. Keeping me safe from you evil mutha fukka's! Quote Link to comment Share on other sites More sharing options...
brickhead Posted August 18, 2009 Share Posted August 18, 2009 Looks like a former ambulance chaser trying to validate his job in a tough economy... Quote Link to comment Share on other sites More sharing options...
joel3078 Posted August 18, 2009 Share Posted August 18, 2009 You better remove the logos from your trailer(s) too if you got em. I've been told that Indian coporate made Fury Motorsports in South St. Paul, MN take the Indian logos off their shop trailer and their website. Fury was the MN dealer during Gilroy era. Now for the thousands of guys and gals that are non company owning, trailer their bikes to events type, that have all those huge expensive HD logos all over their trailers Don't worry. It's ok with the MoCo when they get free advertising. AND there are a shitload of biker websites that have HD logos all over them - your ok to as long as you are not running a business. Now if you are running a business and NOT giving HD their fair share of your profits, well then you got a big screw coming your way. It's a fucked up double standard I know but it is what it is. Quote Link to comment Share on other sites More sharing options...
Micmac Posted August 18, 2009 Share Posted August 18, 2009 Money is everything Quote Link to comment Share on other sites More sharing options...
Harleynot Posted August 18, 2009 Share Posted August 18, 2009 (edited) That's my boys. Keeping me safe from you evil mutha fukka's! Fender Envy ? .........Hugs and Kisses ! Click on RC's short fenders.... Edited August 18, 2009 by HARLEYNOT Quote Link to comment Share on other sites More sharing options...
snogoer Posted August 18, 2009 Author Share Posted August 18, 2009 You better remove the logos from your trailer(s) too if you got em. I've been told that Indian coporate made Fury Motorsports in South St. Paul, MN take the Indian logos off their shop trailer and their website. Fury was the MN dealer during Gilroy era. Now for the thousands of guys and gals that are non company owning, trailer their bikes to events type, that have all those huge expensive HD logos all over their trailers Don't worry. It's ok with the MoCo when they get free advertising. AND there are a shitload of biker websites that have HD logos all over them - your ok to as long as you are not running a business. Now if you are running a business and NOT giving HD their fair share of your profits, well then you got a big screw coming your way. It's a fucked up double standard I know but it is what it is. I'm OK with the Indian Logo, We are going to be the dealer in ND so we're cool.... Quote Link to comment Share on other sites More sharing options...
joel3078 Posted August 19, 2009 Share Posted August 19, 2009 Remove the HD logo from the trailer, not the Indian one. Congrats on your future dealership by the way. I was at the St Petersburg, FL dealer today. Nice group of guys there. Quote Link to comment Share on other sites More sharing options...
RCH Posted August 19, 2009 Share Posted August 19, 2009 Fender Envy ? Damned right!!! I am thinking a front Chief fender in copper and black would look really tight on my bike, how about you? Quote Link to comment Share on other sites More sharing options...
Blackdog Posted August 19, 2009 Share Posted August 19, 2009 (edited) I'm OK with the Indian Logo, We are going to be the dealer in ND so we're cool.... That's great that you're good there with Indian sno. On the other stuff for now - I'm thinking get rid of the bar and shield and SAY that you do HARLEY REPAIR WORK or whatever in REALLY BIG LETTERS and do it all in orange and black - then do the Indian stuff in Red and black etc... Last I checked Harley cannot dictate what you do as a personal service and claims are yours like "we fix and customize Harley Davidson Motorcycles" - AND I could be wrong but I don't think they can trademark Orange and Black. It's just identifying your service. Let them tell you that they own orange and black when it comes to motorcycle services. Edited August 19, 2009 by Blackdog Quote Link to comment Share on other sites More sharing options...
Blue Diesel Posted August 19, 2009 Share Posted August 19, 2009 Damned right!!! I am thinking a front Chief fender in copper and black would look really tight on my bike, how about you? Won't look so good after Hasbin takes his plasma cutter to it .... :-) Quote Link to comment Share on other sites More sharing options...
Blue Diesel Posted August 19, 2009 Share Posted August 19, 2009 Damned right!!! I am thinking a front Chief fender in copper and black would look really tight on my bike, how about you? Won't look so good after Hasbin takes his plasma cutter to it .... :-) Quote Link to comment Share on other sites More sharing options...
RCH Posted August 19, 2009 Share Posted August 19, 2009 Won't look so good after Hasbin takes his plasma cutter to it .... :-) Is it cold up there? Yer stuttering.... Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.