Harley-Davidson goes after charitable services TM
Motorcycle manufacturer Harley-Davidson has opposed an applied-for trademark covering charitable and social club services at the Trademark Trial and Appeal Board (TTAB).
In an filing early last week, Harley-Davidson claimed that the trademark, Panaché SC Flamboyant Prestigiously Loyal, features a ‘Bar & Shield Logo’ which is identical to the ones found in the motorcycle company’s marks.
Applied for in April last year by two individuals, the trademark features the word “Panaché” in cursive lettering within a curved banner.
“Below this banner is a filled in shield shape which has a beautiful woman of colour ... sitting on a motorcycle next to a luxury car,” said the description, which added that below the shield shape is a crest shape which has wings on both sides and contains the words "Flamboyant" and “Loyal”.
The mark covers class 35 (charitable services) and class 41 for social club services, services which are allegedly nearly identical and offered through the same channels of trade as services covered by Harley-Davidson.
“Applicants are consumers of Harley-Davidson’s goods and services, particularly given the depiction of a motorcycle image within applicants’ logo,” said the Milwaukee, Wisconsin-headquartered company.
In its opposition, Harley-Davidson cited its own trademarks and trademarks used by the Harley Owners Group, one of the largest manufacturer-sponsored motorcycle riding clubs in the world.
Harley-Davidson explained that in the motorcycling community, social clubs are organisations that are social in nature but are connected to and/or affiliated with a motorcycle riding club.
The opposition said: “When applicants’ claimed trademark is applied to their social services, there is a strong likelihood of confusion, mistake, or deception that the ordinary consumer will erroneously believe that applicants’ services either originate from or are sponsored, approved, or licensed by Harley-Davidson.”
The motorcycle company has asked the TTAB to refuse registration of the trademark.
Harley-Davidson is no stranger to protecting its brand, which has been valued as a $5 billion asset.
In early February, we reported that the brand had taken unnamed Chinese counterfeiters to court, as part of the motorcycle manufacturer’s sustained efforts to crack down on fakes.
One year ago, Harley-Davidson secured $19.2 million in statutory damages in a trademark clash with t-shirt designer SunFrog, the company’s largest-ever trademark infringement win.
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