Immediate help with warning letters from Harley Davidson

Immediate help with warning letters from Harley-Davidson

As a specialized trademark law firm, we help with Harley-Davidson warning letters from Grünecker Rechtsanwälte quickly, precisely and reliably.

Trademark warnings from the Harley-Davidson Motor Company: A comprehensive analysis for those affected

The Harley-Davidson Motor Company Inc., synonymous with freedom, rebellion and American motorcycle culture, is known not only for its iconic motorcycles, but also for its aggressive defense of its trademark rights.

Recently, there have been increasing reports of Warning letters under trademark lawsent on behalf of Harley-Davidson by the renowned law firm Grünecker.

These warnings affect a large number of dealers and companies that come into contact in any way with products or services in connection with the Harley-Davidson brand.

As a law firm specializing in intellectual property law with a focus on trademark law, we would like to provide a comprehensive analysis of the situation in this article and give those affected valuable tips on how to deal with such warnings.

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 Grünecker law firm 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 typical claims in a Harley-Davidson warning letter include:

Immediate cessation of the actions complained of
Submission of a cease-and-desist declaration with penalty clause
Information on the scope of the alleged infringements
Recognition of claims for damages
Reimbursement of warning costs

Particularly critical is the amount of the warning letter Value in dispute of EUR 500,000 to see. This leads to Warning costs of over EUR 5,000 and entails considerable financial risks for those affected.

In the event of legal proceedings at first instance, there is a risk of legal costs of over EUR 32,000in the second instance even of over EUR 72,000

Legal assessment and defense options

The legal assessment of such warnings is complex and depends heavily on the individual case. In principle, the following applies:

The use of third-party trademarks to identify your own goods is generally not permitted.
In the case of original goods, a descriptive reference to the trademark is often permitted (principle of exhaustion).
Special referencing rules apply to accessories and spare parts.

An important aspect to consider when defending against warnings in the aftermarket is the possible application of the trademark barrier under Art. 14 (1) no. c of the EU Trademark Regulation (EUTMR).

This provision is intended to protect competition on the secondary market by allowing the use of a trademark to describe the intended purpose of a product under certain conditions.

Recommendations for those affected

If you have received a warning letter from the Harley-Davidson Motor Company, we recommend the following procedure:

Keep calm, but take the matter seriously. Under no circumstances should you ignore the deadlines set.
Do not sign the required cease-and-desist declaration prematurely. This can have far-reaching and long-term consequences.
Do not communicate directly with the warning letters. Any statement could be used against you.
Document the warning situation carefully, e.g. with screenshots, before you remove any offers.
Consult a specialist lawyer for trademark law immediately. The complexity of trademark law requires sound specialist knowledge and experience.

An experienced trademark lawyer can:

Assessing the chances of success of a defense
Check whether an infringement has actually occurred
If necessary, draw up a modified cease-and-desist declaration
Negotiate a reduction in receivables
Check the applicability of exemptions such as Art. 14 EUTMR

Conclusion and outlook

Trademark warnings from Harley-Davidson are to be taken seriously, but are no reason to panic.

With the right strategy, risks can be minimized and fair solutions found.

In view of the complex legal situation and the high amounts in dispute, it is highly advisable to consult a specialist lawyer for industrial property protection.

It can be assumed that Harley-Davidson will continue to vigorously defend its trademark rights in the future. Companies that are involved in any way with products or services related to motorcycles or the "biker lifestyle" should therefore be particularly careful and, if in doubt, seek legal advice before publishing products or advertising that could be associated with Harley-Davidson.

Finally, we would like to emphasize that each case must be considered individually. If you are affected by a Harley-Davidson warning letter, we will be happy to provide you with a non-binding initial consultation. Together we will find the best way to protect your interests and at the same time avoid escalation.

Immediate help with warnings from Harley Davidson by Grünecker