This empty and colorless non-verbal Harley-Davidson logo is federally-registered for lots of goods and services, including “ metal locks, spark plugs, sunglasses and motocycle helmets, motocycle parts, jewelry, traveling bags and saddlery, and leather gloves,” “ embroidered patches,” “ restaurant and bar services,” and “vehicles, namely, semi-tractors.” And, it filed intent-to-use applications for “ drinking water sports drinks and power drinks, namely, energy drinks” and all kinds of snack foods falling within Int’l Classes 29 and 30, but then permitted the applications to become abandoned for failing to submit evidence of use, after Notices of Allowance had issued. This mental exercise left me wondering what non-verbal trademark protection Harley-Davidson may have pursued at the USPTO, and I found this sharp image without any color limitations: With respect to inspiration, while being inspired by certain things can lead to the creation of inherently distinctive marks, using another’s distinctive logo as inspiration for your own is a dangerous endeavor not traveled well without an experienced trademark type riding along your side. So, now I think we’re probably getting somewhere closer to the truth, if I was forced to hazard a guess on this one.Īssuming this is an unauthorized and unlicensed use, the problem for the Inside Out Storage folks would be that being a “fan” of another’s brand doesn’t create an entitlement to use, and I’m seeing no reasonable fair use argument here either, classic or otherwise (i.e., nominative). Nevertheless, given that instruction, might the person who created the Inside Out Storage signage be a fan of the Harley-Davidson brand and been inspired by the brand’s logo? I’ve seen this kind of thing happen before with other well-known brands, and fans being inspired by another’s brand is often the explanation when their actions are challenged. Harley-Davidson’s licensing program is an amazing engine of its own, and finely tuned. A few years ago a marketing type who was working on the Harley-Davidson creative account told me the most important instruction from above was “Don’t screw it up!” Interesting choice of words, given the Harley slogan from 2008: “ So screw it, let’s ride.” Might Harley-Davidson have licensed the orange/black non-verbal rendition of the logo to another for the inclusion of their own words and content? I double doubt it. It looks like Harley-Davidson is involved in the rental of motorcycles, but that’s all I was able to find mentioning rental for Harley-Davidson marks on the USPTO database. Might Harley-Davidson also be in the business of renting storage garage units for motorcycles among other outdoor toys? I doubt it. The well-known, if not famous, Harley-Davidson logo is on the left below, but what is on the right?

Firewatch game logo sticker