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Firebolt020283
| | Posted on Thursday, December 02, 2010 - 01:28 pm: | 
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jens,
Since I have been around the buell scene I have seen you guys make some really cool bikes and bike parts weather it be this one or your hillbilly motors bikes. |
Crazykcycle7
| | Posted on Thursday, December 02, 2010 - 06:00 pm: |
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Hey Court:
In re to Buellparts.NET that's not really an accurate description of what occurred. I sent them one C&D letter and then HD killed Buell and we (all of HD) were told not to use any resources on Buell matters.
If I would have been allowed to use the resources I would have just filed a UDRP and the domain would be HD's. Mockery? Hardly.
I would have loved to take down that site but at the time I wanted to keep my job.
Kevin McPherson
(Message edited by crazykcycle7 on December 02, 2010) |
Court
| | Posted on Thursday, December 02, 2010 - 08:46 pm: |
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>>>I would have loved to take down that site but at the time I wanted to keep my job.
I understand and concede that you had but one attempt and woefully inadequate resources (don't feel bad . . . the folks at Buell got used to working under those conditions).
Be mindful that you were not the first to go after them. I suppose the mockery is less a recitation of the relative success of your efforts as it was the fact that they ignored them.
Based on what I've heard was going on at the time . . . the Harley-Davidson legal department had much larger fish to fry.
Court Canfield |
Court
| | Posted on Thursday, December 02, 2010 - 09:02 pm: |
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Kevin:
By the way . . . my bitch is not with your work or talent. It's with the fact that you were not allowed to do the job you are capable of.
I know, from talking to a number of your contemporaries, including some of the ones that quit, the frustration many are dealing with.
I agree that many, if not most, of the folks I've spoken to over the last year are far more concerned with the preservation of their jobs . . . particularly as they get home to Brookfield every night and have to explain the "HD to cut 500 more management jobs" and "HD to move out of Milwaukee" stories to husbands and wives.
"Paralyzed in fear" are the words one of your former J.D. associates used . . . .
These are unusual times. But there is also precedent being set by not defending Buell intellectual property.
That's a good thing. |
Crazykcycle7
| | Posted on Thursday, December 02, 2010 - 09:18 pm: |
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Not really inadequate resources but a directive not to support a dead brand... from HD's view anyway.
Also a C&D letter is always, always, always the first attempt, as it puts the infringer on notice and helps your case in the event it goes to court.
I'm not sure who in the legal department would have went after the site besides myself, as there were only two of us working on US TM enforcement matters (I think there is still only two people but I'm not sure as I no longer work at HD) and I was the only one who opened a file.
The owner said he was going to comply after I sent him my initial demand letter. I even advised him to look at American Sport Bike as an example of how to do things the right way, e.g. no use of a trademark in the domain name, no use of copyrighted material, etc...but I guess it's easier just to steal someone else's work/property rather than take some photos of his own.
And an infringer ignoring one C&D letter is not shocking, surprising and definitely not a mockery. It happens with some frequency -- only in this instance we didn't pursue the matter, by "choice."
A mockery would be the HOG case HD filed in the 90s where the 2nd district court ruled that HOG is a generic term for large displacement (750cc+) motorcycles. Now that was a mockery.
And now I've said too much... time for the tinfoil hat.
(Message edited by crazykcycle7 on December 02, 2010) |
Blake
| | Posted on Thursday, December 02, 2010 - 11:51 pm: |
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Would that be the tin foil hat with the inverted bar & shield logo and a certain acronymn? Funny now, yes? 
I sent notice of the Buell Parts site to Judy on November 2nd, 2007 after the owner showed up here blasting the forum with his advertisements. Copied Erik and Paul James.
Something strange seemed to be going on there.
Some time after that the domain name for one of our sponsors, then "BuellerParts.com" of Australia, now www.SRWMoto.com, was shut down by H-D Aus.
Court and I were left scratching our heads wondering for the next two years wondering what the deal was.
Funny how things work out though. Like Court noted, that failure to enforce may prove beneficial to Erik. |
Petebueller
| | Posted on Friday, December 03, 2010 - 07:42 am: |
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Funny things names
My son's name is Harley, and he's part owner of the company that owns SRWmoto.
In the end you can do more with your own name than you can with someone else's. SRW belongs to me. I married her. |
Crazykcycle7
| | Posted on Friday, December 03, 2010 - 09:48 am: |
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Hi Blake:
It could be! It is funny now...and it was funny then!
I can't speak on Judy's behalf but I can assure you no action was taken until I opened a file. Also, if HD wanted to, they could file a UDRP for the site today. It takes nearly a decade before laches occurs. But that's up to HD and from my understanding, a Buell parts business is probably not in their business plan.
If I recall correctly, the Australian buellerparts.com site was shutdown because they were making product and when making an infringement claim you throw in the kitchen sink. They had/have a forum as well, correct? I could be thinking of another site...
I'm looking forward to seeing what Erik comes out with next and hopefully he doesn't have to deal with unfair competition.
Honestly though, I'm more interested in seeing what happens to the Buell motorcycle registrations once they come up for renewal.
Cheers,
Kevin
(Message edited by crazykcycle7 on December 03, 2010) |
Petebueller
| | Posted on Friday, December 03, 2010 - 10:17 am: |
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Kevin
You don't know what you're talking about |
Crazykcycle7
| | Posted on Friday, December 03, 2010 - 10:30 am: |
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Peter:
Wouldn't be the first time. But which part of my post is BS? The entire post or just the part about your website? |
Court
| | Posted on Friday, December 03, 2010 - 11:45 am: |
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>>>I'm more interested in seeing what happens to the Buell motorcycle registrations once they come up for renewal.
Problem solved. |
Court
| | Posted on Friday, December 03, 2010 - 12:11 pm: |
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>>>>I can't speak on Judy's behalf but I can assure you no action was taken until I opened a file.
I don't doubt that one bit nor do I question that you did absolutely the best job you could subject to the resources and constraints you operated under. |
Phelan
| | Posted on Friday, December 03, 2010 - 12:34 pm: |
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All this talk
----------->
My head
...anyone get it? |
Petebueller
| | Posted on Friday, December 03, 2010 - 12:38 pm: |
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About my website Kevin. I'm constrained which makes it impossible to respond, which gives me a certain sense of unfairness in the topic and the content. |
Hughlysses
| | Posted on Friday, December 03, 2010 - 12:53 pm: |
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I have read that if you hold a copyright on something, someone uses this copyrighted item without permission, and you don't attempt to enforce your copyright, your copyright becomes void. The case in point was the Union Pacific Railroad. They began going after model railroad equipment manufacturers stating that they could not use the UP logo on model trains without their permission. Everyone thought UP was being a mean old money grubbing corporation, until someone pointed out that if the UP didn't enforce their copyright, it would mean anyone could plaster "Union Pacific" on whatever they wanted and the UP would be powerless to stop them. The UP apparently allowed model railroad manufacturers to use the logo for little or not cost, but only following a written, legal request.
My take on the above discussion is that HD did not go after at least some websites which used the Buell name without permission. This could mean that other people/companies might be able to also use the Buell name at some point in the future, even though HD says they can't.
Maybe we haven't seen the last of "Buell Motorcycles" yet? |
Court
| | Posted on Friday, December 03, 2010 - 01:35 pm: |
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My sense is that is may be tough to nail down a precise yes or no answer to any questions.
But, for the benefit of those of you who do not know Kevin, I'll share with you that he is an attorney, engaged and knowledge in these matters and is savvy on what he's talking about. |
007blast
| | Posted on Friday, December 03, 2010 - 03:01 pm: |
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Pardon my ignorance but what exactly is/are "Buell motorcycle registrations”? Also when is the expiration on the current registrations? Thanks |
Hughlysses
| | Posted on Friday, December 03, 2010 - 03:48 pm: |
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I'm pretty sure they're talking about copyright on names associated with Buell motorcycles.
Kevin used the term "laches" above. According to Wikipedia, that's the legal term for what I was talking about in my post above:
quote:Laches is an equitable defense, or doctrine. The person invoking laches is asserting that an opposing party has "slept on its rights," and that, as a result of this delay, that other party is no longer entitled to its original claim. Put another way, failure to assert one’s rights in a timely manner can result in a claim's being barred by laches.
I think the gist of all this is it's conceivable Erik might re-gain the right to use his name to sell motorcycles eventually.
(Message edited by Hughlysses on December 03, 2010) |
Mr_grumpy
| | Posted on Friday, December 03, 2010 - 03:54 pm: |
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Laches, from the French verb Lacher to let go.
BTW in French it can also mean cowardly.
Tricky stuff language. |
Court
| | Posted on Friday, December 03, 2010 - 09:16 pm: |
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>>>>"Buell motorcycle registrations”
There is an entire list of all the intellectual property that has been registered.
Many have been abandoned, ones from the 90's. It'll be interesting to see if they are even re-registered. I'd wager not.
More will be revealed. . . |
Ratbuell
| | Posted on Saturday, December 04, 2010 - 10:02 am: |
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"Buell motorcycle registrations”
They aren't speaking of the registration card you and I carry under our seats that allow us to ride our motorcycles. They're talking about legal "registrations" that allow certain people/groups to publicly use the name "Buell Motorcycles" or even just "Buell", on a product, as a product name.
Other examples, which may or may not be in question but they're just off the top of my head - would be ZTL. ZTL2. Thunderstorm. Lightning. Triple Tail. Items and names like that, which we associate with Buell products. There are also concept names like "mass centralization" that could be considered, if they were registered as such, intellectual property of HD (since they were the "owner" of Buell Motorcycle Company).
And I know "owner" isn't the precise term...but I think it's the right idea for this example, yes?
Given that he's a pretty sharp guy, I can't imagine Erik *not* figuring out a way to eventually use his name to sell motorcycles again. Not only is he pretty sharp...he seems to have a good bit of patience, when its required. All in good time... |
Mikef5000
| | Posted on Saturday, December 04, 2010 - 06:30 pm: |
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I remember when this thread was about this!!!
 |
Ferris_von_bueller
| | Posted on Saturday, December 04, 2010 - 09:24 pm: |
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i love it |
Midknyte
| | Posted on Saturday, December 04, 2010 - 11:57 pm: |
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Given that he's a pretty sharp guy, I can't imagine Erik *not* figuring out a way to eventually use his name to sell motorcycles again...
he could change the spelling of his name to "Eric"  |
Jens
| | Posted on Sunday, December 05, 2010 - 09:00 am: |
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Public Link:
http://www.facebook.com/album.php?aid=31051&id=100 000981049734&l=fea86c3b64 |
Mr_grumpy
| | Posted on Sunday, December 05, 2010 - 09:29 am: |
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Oh dearie dearie me.
I must be getting old, I had a look a Jens' facebook pics & found myself drooling over one of them, the one with e scantily clad wench in it.
Was it the really cool bike? No.
Was it the rather tasty little miss? No.
It's the mint Pontiac Catalina in the background that floats my boat.
The next pic has what looks like an ultra-rare BMW CSL race car. |
Ducxl
| | Posted on Sunday, December 05, 2010 - 10:13 am: |
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A true World class bike in the pictures above.Thanks for the phenominal effort. |
Firebolt020283
| | Posted on Sunday, December 05, 2010 - 11:15 am: |
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I think this bike looks Kick @ss however I would hate to ride it for an extended time with that seat...
now if it had the seat like the yellow bike it might be a little better. |
Sparky
| | Posted on Sunday, December 05, 2010 - 04:28 pm: |
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quote:I would hate to ride it for an extended time with that seat...
Me too, but with that bike the only time that matters is from the starting line to checkered flag, which it sees regularly.
Thank you, Jens, for your amazing work. |
Jaimec
| | Posted on Sunday, December 05, 2010 - 04:46 pm: |
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Really... what are the odds of that wheel showing up on a future iteration of the Alphabet Soup Fat Bob Ultra Skull and Crossbones Chrome Glide??? |
Mikef5000
| | Posted on Sunday, December 05, 2010 - 09:47 pm: |
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Yeah I don't understand the seat. A naked version of the bike is absolutely not the race version. So why in the world would they put a race seat on it?
Eh. It's a concept bike... And a damn good looking one. Fix the seat issue, and put a for sale sign on it! LETS GO! |
Boogiman1981
| | Posted on Sunday, December 05, 2010 - 10:17 pm: |
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lovin the lower triple on that one |
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