Harley-Davidson Drop Trademark Litigation
 
By Jack Nerad
Driving Today
 
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Maybe it seemed like a good idea at the time, but Harley-Davidson's attempt to trademark the sound of its V-twin engine has been fraught with lawsuits, so now the company has decided to abandon the ill-advised effort. Claiming "the sound of its V-twin engine is as recognizable to motorcycle enthusiasts as 'The Star Spangled Banner,'" Harley-Davidson declared victory "in the court of public opinion."

"I've personally spoken with Harley-Davidson owners from around the world, and they've told me repeatedly that there is 'nothing like the sound of a Harley-Davidson motorcycle,'" said Joanne Bischmann, the company's vice president of marketing. "If our customers know the sound cannot be imitated, that's good enough for me and for Harley-Davidson."

Owner of one of the most identifiable brands in the world, Harley-Davidson filed to federally register the distinctive sound of its V-twin engines in 1994. The application was approved by the U.S. Patent and Trademark Office, which agreed that the sound, by itself, identified Harley-Davidson motorcycles and distinguished them from other motorcycles. But then litigation from others entered the picture.

"Dropping the application is a practical business decision," Bischmann said. "More than six years have passed since we filed our application, and there is still no end in sight. The process of registering this trademark has become more of an issue than the uniqueness of our sound, and frankly, we're tired of throwing tens of thousands of dollars out the window on litigation."

Despite its failure to trademark its sound during the last six years, Harley-Davidson Inc. has done extremely well, and demand for Harley-Davidson motorcycles continues to soar. Despite increased competition from other motorcycle manufacturers, the firm has enjoyed a string of record sales and profits for the past 14 years.


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