Harley Davidson v. Grottanelli, 164 F.3d 806 (1998) p.supp79

SUBJECT

loss of trademark rights

FACTS

Harley Davidson tried to claim Hog name as their own even though it was first in generic use.

ISSUE

Whether the term HOG had become a generic term.

RATIONAL

Determine whether a term is generic by looking at how it is used in dictionaries, eyes of public.

Once the term becomes generic it is in public domain as to what its generic definition is and you cannot then come along and take it from public and claim it as your own. Cannot take a generic term a claim it as a trademark for goods and services that are within the generic definition.

Created on: Thursday, February 10, 2000 at 17:42:33 (PST)