Intellectual Property - Automotive - Recent Developments
- Related Practices
Date: September 11, 2007
H-D Michigan, Inc. v. Top Quality Service, Inc. 2007 WL 2200477 (7th Cir., 2007)
Top Quality Service (“Top”) uses the name "Hogs on the High Seas" in connection with ocean cruises for motorcycle enthusiasts. Harley Davidson and a related entity (collectively “Harley”) sued, asserting that Top's use of “Hogs” infringes Harley’s registered trademarks HOG and H.O.G., both of which Harley registered and used for its Harley Owners Group club for motorcycle enthusiasts. The district court granted Top’s motion for summary judgment on the ground that Harley was collaterally estopped from asserting that HOG is a protectible mark because of a 1999 decision by the Second Circuit Court of Appeals that held that “hog” is generic when applied to motorcycles.
On appeal, the Seventh Circuit Court of Appeals held that the Second Circuit’ decision was not binding on Harley in the context of this case because the Second Circuit had only addressed whether HOG was generic when applied to large motorcycles, not whether HOG is generic for a motorcyclist club. The Court then held that HOG is not a generic term when applied to Harley’s motorcyclist club. Therefore, it ruled, Top was not entitled to summary judgment on Harley's infringement claim. To read the court’s decision, click here.
