Re: Harley-Davidson sound trademark?

On Fri, Jun 23, 2000, Craig A. Summerhill <listmgr[_at_]cni.org> wrote:
>
> On Wed, 28 Jul 1999, Michael Moore <mmoore[_at_]mtu.edu> wrote:
> >
> > The motorcycle manufacturer Harley-Davidson filed a request with the
> > PTO to trademark its 'unique' engine sound in 1994. Does anyone know
> > what the final adjudication of that case is?
>
> I pulled this year-old message from the archive.
>
> Yesterday, I heard that Harley-Davidson has abandoned their pursuit
> of the trademark, citing mounting legal costs and industry opposition.
> While it doesn't exactly pertain to copyright, I remembered this
> thread from last year and thought people might like to know...

Just caught this on NPR's Weekend Edition Saturday, though not fully awake at the time. The story leader says Harley-Davidson abandoned efforts to *patent* the sound, though the story itself refers to trademark. Apparently what's at issue though is the trademark, not the patent. Though the trademark had been filed, the USPTO had not made a final decision on it yet.

Audio is available from

Program:
  http://search.npr.org/cf/cmn/cmnpd01fm.cfm?PrgDate=06/24/2000&PrgID=7

Realaudio:
  14.4 http://www.npr.org/ramfiles/wesat/20000624.wesat.15.ram   28.8 http://www.npr.org/ramfiles/wesat/20000624.wesat.15.rmm

Both I and Joanne Bischmann, H-D's VP for marketing, did correctly identify the Harley from the three motorcycles sampled in audio. She rides a Softail. I ride an M700.

Yahoo also carries a news item, repeating the confusion between patent and trademark protection:

    Harley-Davidson gives up bid to patent its "vroom"     http://biz.yahoo.com/rf/000620/n20607498.html

    MILWAUKEE, June 20 (Reuters) - Harley-Davidson Inc.'s (NYSE:HDI

• news) attempt to trademark the roar of its V-Twin engine has sputtered out.

    The largest U.S. motorcycle maker said on Tuesday it is dropping     its application after six years and several thousand dollars in     litigation costs.

    ``More than six years have passed since we filed our application and     there is still no end in sight,'' Joanne Bischmann, vice president     of marketing, said.

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