Sadly -- what used to be an example of the best USA had to offer - -a proud American brand and provider of best-in-the-world heavy weight motorcycles is nor more. It has degenerated into an arrogant, litigious, greedy and megalomanic Milwaukee Wisc. monster. Why? Because this firm seems to think that it owns not only its factory and fixtures but also phony wussy petty intellectual things. Like names long ago in the public domain and noise that its motorcycles make. Here are two examples.
POTATO POTATO POTATO CANNOT BE TRADEMARKED
In a misguided attempt to enrich themselves, the Milwaukee Wisc. firm filed a questionable trademark application in 1994. They tried to register the sound of their motorcycle engines as they ran -- the "potato potato potato" exhaust note. To quote from the company’s registration application: ' The mark consists of the exhaust sound of applicant’s motorcycles...when the goods are in use.' This was an absurd overreach of rules and intellectual hijack because -- duuuh -- there had been many other vee-twin motorcycles on the market for years before and they all made a very similar noise. In fact, nine other motorcycle manufacturers banded together to oppose the application. They stated they all used vee-twin engines that made the same sound as the applicant's engines
The trademark registration application was denied by the USPTO.
"Hog" ISN'T THEIRS
The Milwaukee Wisc. firm sued Ronald Grottanelli d/b/a The Hog Farm to stop him, among other things, from using the name "Hog". But --duuh -- "Hog" had been part of the English language since 1500 AD. And, it had been used to describe any heavyweight motorcycle as early as 1965 in Newsweek magazine. Upon appeal, the court agreed that "Hog" had been used publicly to describe motorcycles decades before Harley registered it .To quote from that decision:
"Decision Reversed. Even the presumption of validity arising from federal registration cannot protect a mark that is shown on strong evidence to be generic as to the relevant category of products prior to the proprietor's trademark use and registration. Har*** did not use the term in reference to its products before the 1980s, but the term was in public use before then in reference to large motorcycles, so Grottanelli and other parties may use the term hog...."
On this count Grottanellii won. The Milwaukee Wisc. firm lost.
I rest my case. They suk.
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