"In 1903, three Davidson brothers and their friend, Bill Harley, started a rumble heard 'round the world..."
Michael Sapherstein publishes his much-awaited analysis of Harley's attempt at registering a trademark on the sound of their V-Twin motor.
"If motorcyclists are a unique breed, Harley-Davidson motorcyclists must be considered a cult unto themselves. They have transformed the hobby of motorcycling into a lifestyle, replete with clubs, clothing, and a distinct "biker" culture.
The Harley-Davidson corporation's ability to evangelize the Harley lifestyle - as on the company's website - without alienating a customer-base which prides itself on being free-spirited and countercultural has been a testament to its marketing shrewdness. However, in a business expansion which probably irked the hardcore Harley faithful, the company now manufactures or licenses jewelry, watches, clothing, and a chain of "lifestyle" restaurants called the Harley-Davidson Café.
Harley-Davidson's most recent endeavor to secure trademark protection is not only its most unconventional, it is also arguably, the most unusual and provocative trademark application ever filed with the U.S. Patent and Trademark Office (PTO). On February 1, 1994, Harley filed a registration for a trademark, then already in use, with the following description: "THE MARK CONSISTS OF THE EXHAUST SOUND OF APPLICANT'S MOTORCYCLES, PRODUCED BY V-TWIN, COMMON CRANKPIN MOTORCYCLE ENGINES WHEN THE GOODS ARE IN USE." Put simply, Harley was attempting to trademark the sound of its motorcycles; which, of course, begs the question, can a manufacturer trademark the exhaust roar of its motor vehicle?..."
Fast forward to June 20, 2000......Harley-Davidson Inc. pulls the plug on its effort to obtain federal trademark protection for the syncopated "potato-potato-potato" (their words) chug of its idling V-twin motorcycle engine.
A Harley-Davidson spokesman said the company, which has been battling opposition to its trademark applications from other motorcycle makers for almost six years, "...is tired of tossing tens of thousands of dollars into a legal case with no end in sight."
Harley has long feared that the thump-thump-thump of its engine, a noise that can thrill or chill, depending on the listener's attitude toward bikes and bikers, would become the next 'nylon' - the early DuPont synthetic whose name wasn't protected and fast became a generic term.
But the bike maker was riding up a rocky road when it asked the government for a sound patent. According to an article published in the Los Angeles Times,"...as of 1998, only 23 of nearly 730,000 active trademarks had been issued to protect a noise, and most of those were for artificial arrangements, such as the roar of the MGM lion, NBC's three-note musical chime and the spoken "AT&T" superimposed over musical sounds."
The article goes on to say, "The maker of bikes, made notorious by outlaw motorcycle gangs in the 1950s and legitimized in the '90s by legions of lawyers, accountants and others who enjoy taking to the road on the throbbing cycles--said it is satisfied that its customers know well the look and sound of a Harley and will not be fooled by imitations."
"If our customers know the sound cannot be imitated, that's good enough for me and for Harley-Davidson," said Joanne Bischmann, vice president of marketing.
But yet, I wonder how many of these ladies and gentlemen on their Fat Boys, Wide Glides or Sportsters could tell the difference between the sound of some custom bike with an S&S motor or a Panzer or a Victory or a...
