Joined
·
4 Posts
As painful as it may seem, you need to retain an attorney to settle the issue brought by the Harley-Davidson Motor Company regarding the use of their trademarked name.
Nearly all attorneys will advise to settle out of court. Otherwise, no one is going to win without putting up $100,000 or more as a retainer for a federal court appearance.
I am an administrator on other forums and know first hand that most forums which choose to fashion their forum name after a federal trademark can usually get away with it by making a small modification to their final domain. The key word can be either "talk" or "fan" or "owners".
In this case, you have a right to own and maintain the domain name (unless the governing internet body deems to take it away from you for future trademark violations) as HarleyDavidsonForum.com .
In the past when a settlement is agreed upon, anyone clicking on HarleyDavidsonForum.com will be directed to a page which can give the person a choice:
Click Here to go to HarleyDavidsonTalk.com (Forum Discussions from owners worldwide)
Click Here to go to HarleyDavidson.com
-----
My suggestion is to start thinking of a modified name for the forums. Post a POLL for your members to help.
-----
History:
My background for these issues is largely in the entertainment forums and how the studios have won. Warner Brothers Studios won a similar agreement when they established that even though anyone can have the right to own a domain with their trademark, such as warnerbrothersforum.com , they do not have the right to use it in such a manner that it "may" represent endorsement by the studio. In the end, they established their own forums and moderators.
Another approach is to agree to move the forum link to their home website and work with them, rather then against them. Most companies do not have the expertise in administrating a forum. You do. Sell that experience for a tradeoff that will satisfy your needs, the members needs, the needs of the company. A joint offer would settle it, and give your forum more power (as I believe).
------
Don't take my word for anything here. Consult the professionals. If you do not have deep pockets and are a small business, then the smart approach is to subscribe to one of several prepaid legal plans for about $30 a month. You have a toll free attorney number, and unlimited telephone advice from the professionals who can advise you.
My fondest regards,
Jeremy Lancaster
Nearly all attorneys will advise to settle out of court. Otherwise, no one is going to win without putting up $100,000 or more as a retainer for a federal court appearance.
I am an administrator on other forums and know first hand that most forums which choose to fashion their forum name after a federal trademark can usually get away with it by making a small modification to their final domain. The key word can be either "talk" or "fan" or "owners".
In this case, you have a right to own and maintain the domain name (unless the governing internet body deems to take it away from you for future trademark violations) as HarleyDavidsonForum.com .
In the past when a settlement is agreed upon, anyone clicking on HarleyDavidsonForum.com will be directed to a page which can give the person a choice:
Click Here to go to HarleyDavidsonTalk.com (Forum Discussions from owners worldwide)
Click Here to go to HarleyDavidson.com
-----
My suggestion is to start thinking of a modified name for the forums. Post a POLL for your members to help.
-----
History:
My background for these issues is largely in the entertainment forums and how the studios have won. Warner Brothers Studios won a similar agreement when they established that even though anyone can have the right to own a domain with their trademark, such as warnerbrothersforum.com , they do not have the right to use it in such a manner that it "may" represent endorsement by the studio. In the end, they established their own forums and moderators.
Another approach is to agree to move the forum link to their home website and work with them, rather then against them. Most companies do not have the expertise in administrating a forum. You do. Sell that experience for a tradeoff that will satisfy your needs, the members needs, the needs of the company. A joint offer would settle it, and give your forum more power (as I believe).
------
Don't take my word for anything here. Consult the professionals. If you do not have deep pockets and are a small business, then the smart approach is to subscribe to one of several prepaid legal plans for about $30 a month. You have a toll free attorney number, and unlimited telephone advice from the professionals who can advise you.
My fondest regards,
Jeremy Lancaster