On 06/24/2000, Karsten M. Self <kmself[_at_]ix.netcom.com> wrote:
>
> 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.
I haven't had the chance to look at this in a while, but I seem to recall that the basis for the opposition (which was never really discussed by either Yahoo! or NPR) was that the sound was a *functional* aspect of a Harley engine, and that granting a trademark on the distinctive Harley sound would effectively grant Harley a (permanent) monopoly on the kind of engine that produced that sound.
Kevin Grierson
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