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Immediate help with warning letters from Harley-Davidson
As a specialized trademark law firm, we provide fast, precise and reliable assistance with warning letters from Harley-Davidson by Epic Legal attorneys.
Trademark warnings from the Harley-Davidson Motor Company: A comprehensive analysis for those affected
Warning from Harley-Davidson (Epic Legal): Don't panic, but act fast!
Do you have an expensive warning from the law firm Epic Legal on behalf of the Harley-Davidson Motor Company Receive? Then you should act prudently, but extremely quickly.
These procedures used to be mostly carried out by the law firm. Grünecker led. In the meantime, the caseworker there, attorney Philipp Strommer, has contacted the law firm Epic Legal went freelance and pursues trademark infringements extremely aggressively on behalf of the US cult group.
Whether you are a commercial seller on eBay, Amazon, or Etsy, or operate an independent motorcycle repair shop: We know the counterparty's strategies inside and out and will help you minimize financial damage.
Why does Harley-Davidson react so extremely aggressively?
Harley-Davidson doesn't just sell motorcycles. The brand worldwide stands for freedom, rebellion, and a very specific lifestyle. The company spends billions on this image – and protects it worldwide with all legal means.
In Germany and the EU, well over 20 different „Harley“ trademarks are registered. Union trademark no. 83 931 is particularly in focus for cease and desist letters „Harley“This word mark enjoys protection far beyond the classic motorcycle sector. Dealers in a wide variety of industries are affected:
Clothing & Accessories T-shirts, jackets, caps, patches, or jewelry.
Parts & Tuning Exhaust systems, handlebars, seats, or custom parts for motorcycles.
Merchandise: Stickers, signs, drinking cups, or lifestyle products.
The Harley-Davidson brand: more than just a name
Harley-Davidson is far more than just a motorcycle manufacturer. Since its foundation in 1903, the brand has developed into a global symbol of individuality, freedom and a certain lifestyle.
The warning letters from the law firm Epic Legal expressly emphasize this aspect and underline the significance of the trademark as an expression of "rebellious soul, unity, individuality and personal freedom".
This strong brand identity is also reflected in the impressive business figures. In 2022, the Harley-Davidson Motor Company Inc. achieved global sales of 4.95 billion US dollars.
This illustrates not only the economic strength of the company, but also the enormous value that the Harley-Davidson brand represents.
Scope of trademark protection
Harley-Davidson's trademark protection is remarkably extensive. At least 25 different "Harley" brands are registered in Germany and the EU.
These include both word marks such as "Harley Davidson" and various word/figurative marks containing the element "Harley Davidson".
Of particular note is the EU trademark registration No. 83 931 "HARLEY", a word mark that has been protected since April 1, 1996. This trademark enjoys protection in various classes of goods, including:
- Class 9: "Stereo equipment" and "Loudspeakers"
- Class 12: "Vehicles for land transportation and parts thereof"
However, the scope of protection goes far beyond the core area of motorcycles and their accessories. It extends to a wide range of products and services, including:
- Stationery and books
- Jewelry and leather goods
- Beer, drinks and drinking vessels
- Glassware
- Clothing and shoes
- Entertainment services
- Restaurant and bar service
- Distribution of parts and accessories for motorcycles
This wide range of protected goods and services illustrates Harley-Davidson's strategy of positioning and protecting the brand in various areas of life.
Typical reasons for warnings
The warning letters issued by the Harley-Davidson Motor Company are directed against various forms of alleged trademark infringement. Frequently affected are:
- Online retailers that offer accessories or spare parts using the Harley-Davidson brand
- Sellers of merchandising articles without a corresponding license
- Suppliers of products that use the Harley-Davidson logo or other protected marks
- Dealers who may unknowingly sell counterfeits or gray market goods
The legal basis for these warnings is generally Art. 9 (2) a), b) and c) of the EU Trademark Regulation (EUTMR).
Both a Risk of confusion as well as a Unauthorized exploitation of the reputation of the trademark asserted.
Claims and risks with Harley warnings
The demands in the letters from Epic Legal are quite substantial and make many affected people sweat. They are demanding:
Cease and desist immediately You must stop the sale and promotion of the products immediately.
Cease and desist declaration with penalty clause: A lifelong gag order with immense penalties for every minor subsequent error.
Comprehensive Information You must disclose suppliers, sales figures, purchase prices, and profits.
Damages: The amount is calculated based on your sales figures.
Reimbursement of costs: Epic Legal regularly sets a gigantic Amount in dispute of €500,000 . This means: The opposing counsel's fees alone will immediately amount to over €5,000.
Caution about inactivity: If you miss the deadline and it goes to court, the costs will skyrocket. In the first instance, there's a risk of legal costs exceeding €32,000. In the second instance, it quickly reaches over €72,000.
What are your chances? An honest legal assessment
We are not downplaying anything: If you use the famous „Bar & Shield“ logo or protected lettering on your own products (such as T-shirts or stickers) without an official license, the legal situation is clear. Harley-Davidson has the far better legal position. A blanket refusal in these cases is economic suicide.
However: There are crucial room for maneuver in arguments that we will exploit for you!
Especially in the spare parts and accessories market, the so-called brand blockade (Art. 14(1)(c) of the Community Trademark Regulation) often applies. If you, as a dealer or workshop, merely describe that a specific spare part „Fits Harley-Davidson models“ can be absolutely permissible under certain conditions. Here, the law protects free competition.
Even if there is a clear trademark infringement, we never sign the opposing party's boilerplate cease and desist letter. Our goal is to issue a modified declaration that cleverly limits disclosure claims and drastically negotiates down damages and attorney's fees.
Use our immediate assistance for brand infringement warnings
Rule 1: Stay calm. Don't panic and delete offers without securing evidence first.
Rule 2: Never make direct contact. Do not call Epic Legal. Any careless word will be recorded as an admission of guilt.
Rule 3: Don't sign anything without checking it. The attached cease and desist declaration is intentionally drafted to your disadvantage.
Rule 4: Meet Deadlines. The deadlines are extremely short (usually 7 to 10 days). Ignoring them leads directly to expensive legal proceedings.
Use our immediate assistance for brand infringement warnings
We from marken medien meyen As a law firm specializing in intellectual property law, we are experts in precisely these cases. We know the legal tricks, we know the opponent Epic Legal, and we know how to effectively reduce high claims.
Simply send us your warning letter directly by email or via our secure contact form. We will review your document promptly and get back to you with a clear, strategic course of action.
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