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Old 12-12-2005, 23:56   #1
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Harley-Davidson Plunges To New Low!!!

This is what happens when an honest indy shop gets in the way of HD. I know these fine folks (and Glock owners) and HD wanted them out of the way. HD's claims were manufactured to bury them in to bankruptcy so they could expand.

October 17, 2005

Cody cycle shop prevails in trademark case

Gazette Wyoming Bureau

CODY, Wyo. - The owners of Cody Custom Cycle are in hog heaven after a lawsuit filed by Harley-Davidson alleging trademark infringement was dismissed last week on the eve of pre-trial hearings.

Harley-Davidson Motor Company Group, Inc. filed suit in U.S. District Court in Casper against Cody Custom Cycle, also known as 10-94 Enterprises LC, and owners Ray Burns and Kathy Redish.

Filed in July, the company claimed that Cody Custom Cycle used the Harley-Davidson trademarked name and images without permission, a charge the owners and their attorney denied then and now.

"We always said we'd done nothing wrong, and they never proved otherwise," said Burns. "We were right then, and we're right now, and we're not changing the way we do business."

Attorney Laurence Stinson represented Cody Custom Cycle and said the case was "dismissed by the court after the parties agreed to a certain resolution."

He said, "One of the things they were sued for was selling Harley parts and using the name to say they service Harley motorcycles, and they continue to have that right."

Redish said she's glad to have the issue behind her, particularly since she and Burns, who are married, were named personally in the case.

"It was my ultimate fear that they would end up with everything I owned, including my horse," she said. "But we've received tremendous community support."

She said local people and bikers passing through donated money to a legal defense fund for the shop, which has been in Cody since 1994.

And though she regrets being forced to bear the cost of mounting a legal defense, she credits Stinson with "championing our cause and going beyond what other attorneys would have done."

Redish said publicity about the lawsuit, which was filed shortly before thousands of bikers passed through Cody on their way to an annual gathering in Sturgis, S.D., may have helped pressure Harley-Davidson to drop the matter.

"People would come in and ask if we were the shop Harley was suing," she said. "And when we said 'Yes' they'd want to buy something. It's our belief it backfired on Harley."

Burns said he was happy to avoid a protracted trial with costly delays.

"Anyone can file a lawsuit and bleed you dry," he said. "Harley has an army of lawyers and our resources are very finite. We always knew we'd win, but we were afraid we'd be having our victory party in a cardboard box."

Harley-Davidson, a century-old brand with a devoted following, has a policy of aggressively defending its trademarks. It saw revenues last year of more than $5 billion, with $224 million in sales of clothes and general merchandise, according to the company's 2004 annual report.

In 1994, the company applied for a trademark on what it claimed was the distinctive sound of its motorcycles. Competitors contested the filing and after six years of debate, Harley-Davidson dropped the claim.

Representatives from Harley-Davidson did not return messages left over the weekend.

Copyright The Billings Gazette, a division of Lee Enterprises.

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Old 12-13-2005, 00:00   #2
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For the actual article, go to http://www.codycustomcycle.com
I think they have it on their homepage.
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Old 12-13-2005, 09:45   #3
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I don't understand the issue. H-D sued this joint because it sells Harley parts and service Harley bikes? That's what independent shops do.
Can you dig it?
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Old 12-13-2005, 09:51   #4
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This just proves the whole "If they had as many engineers as they do lawyers" remark to be true.

Didn't they try and sue S&S or something because they make aftermaket enignes?

Then there is the whole trying to patent thier sound thing.

They could spend all this lawsuit money on R&D instead, but they would rather punish those that are loyal to their product.

Talk about biting the hand that feeds you.

edited for typos:
What are you having trouble with? I'll teach it some respect.
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Old 12-13-2005, 12:49   #5
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Every big corporation does stuff like this. This actually pales in comparison to some of the things Disney gets away with.

I'm with you fnfalman, I'm not sure what the issue was, other then maybe they just wanted to create the lawsuit to try to bankrupt the company, forcing them to close down even if they lost. Unless they were creating their own H-D logos and using them.......
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Old 12-13-2005, 21:50   #6
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I know the owners of Cody Custom Cycle personally since they have worked on my bikes. Simply put, HD opened one of those boutiques right around the corner from them. Talk is that their numbers aren't as projected and they made up this suit to close them down. I hear the judge ripped HD a new one when he saw that this was baseless harrassment.
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