[Jewelry making - Article 00854] - Re: [Orchid] [Again] Copyrights

[The Doctor]

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>         The Harley piece is a Trademark, rather than an Copyright
>     issue. Similar, but actually trademarks are more powerful than
>     copyrights. The right way to handle this, and you don't need a
>     lawyer, is to contact Harley Davidson and ask them if it is OK. I
>     am quite sure they have a department that deals with licencing and
>     trademarks that makes this kind of call every day. 

    And they'll say no. One of the Korean members of a motorcycle club I
    rode with while I was over there applied for the first H-D
    dealership (and eventually got it). H-D's corporate representative
    for Asia, a Mr. Steve Wasser, arrived to check out the scene. At the
    time, all of their aftermarket parts, accessories and apparel was
    being manufactured in Korea (in Pusan, I believe). Anyway, the
    prospective dealer (Mr. Kim) took Steve around to all the shops that
    made knockoff H-D accessories and apparel, thinking it would be a
    good idea to show him how much interest there was in the product. To
    make a long story short, Mr. Wasser went back home to the USA and
    promptly sent out "cease and desist" letters, along with
    notifications of litigation for Trademark violations to every shop
    he had visited. Unless you are specifically licensed, they will cut
    you down instantly. They are fierce about it. They have several
    Trademarks, including "Harley-Davidson", "H-D", "Hog" and who knows
    how many more. 

    One company that manufactures a bike that is available anywhere from
    a kit to a turn-key setup utilizing a small block Chevrolet engine
    (that obviously is nothing like an H-D) was using the name "Boss
    Hog" for several years. Once H-D trademarked the word "Hog", they
    sued and won. This company now calls their product "Boss Hoss." 

    Other companies may deal with trademark violations in a more
    friendly way, but don't bother going up against Harley-Davidson.
    They are fiercely protective of their Trademarks. 

James in SoFl

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