The Trademark Blog

HELLS ANGELS is a registered trademark of the Hell's Angels Motorcycle Club. CNNMoney is reporting that Hells Angels is suing Disney for use of the trademark in connection with an upcoming move 'WILD HOGS.'

HOG is a trademark of Harley Davidson. I apologize in advance but I couldn't find confirmation as to why Harley's are known as HOGs. I dimly recall that it was a reference to the distinctive sound of a Harley engine (which, btw, Harley tried to register for protection), but that might be wrong. Also, the Harleys Owners Group came in 1983, years after the nickname had been coined.

UPDATE: HOG used to be a name for big fat motorcycles, then it became a trademark derived from Harley Owners Group. See Harley-Davidson v. Grottanelli dba Hog Farm, 164 F3d 806 (2d 1999). Thanks to Scott and Will.

Wiki Hells Angels here.

History of Harley Davidson here.

Wiki of Harley here.

BONUS TRIVIA: Name a movie other than HARLEY DAVIDSON AND THE MARLBORO MAN that used a Harley trademark in the title. Hint: years later, the lead actor was accused of killing his wife.

Answer: ELECTRA GLIDE IN BLUE, starring Robert Blake.

Posted by Marty at 09:24 AM | Permalink

Discussion by Saatchi Gallery here.

Posted by Marty at 04:19 PM | Permalink

Trader Joe's - good place to get fruits and vegetables - also their frozen foods are very reasonable. And there's Two Buck Chuck.

I don't know what to think (as a trademark lawyer) about this third party blog Tracking Trader Joe's.

Posted by Marty at 05:12 PM | Permalink

"In this Circuit, we have today adopted a test for nominative fair use in which a court will pose three questions: (1) Is the use of the plaintiff's mark necessary to describe both plaintiff's product or service and defendaant's product or service? (2) Is only so much of the plaintiff's mark used as is necessary to describe plaintiff's products or services? (3) Does the defendant's conduct or language reflect the true and accurate relationship between plaitniff's and defendant's products or services?  If each of these questions can be answered in the affirmative, the use will be considered a fair one, regardless of whether likelihood of confusion exists."

From Century 21 Real Estate v. Lendingtee, Inc., No. 03-4700 (3d Circuit Oct. 11, 2005).

Posted by Marty at 10:30 PM | Permalink