Elaborating a bit on my previous post: It may also be that Triumph, in contrast with BMW, knows the importance of "brand loyalty" and figures that suing your biggest supporters is not a way to build that loyalty. I know HD is pretty careful about preventing non-licensed repair facilities from using the HD name but I don't really think that every one of those HD patches and t-shirts you see selling in the booths at Sturgis was actually licensed by The Motor Company. In fact, I'd bet that none of them are, and that HD is content to look the other way that because the brand loyalty they get benefits them a lot more than the paltry few pennies they could make off of royalties, and that same loyalty might be threatened if HD sic'd it's lawyers on every mom-and-pop patch seller just trying to earn a living.
Martin
From: 'Martin Albright' via EMRAT <emrat@googlegroups.com>
To: "emrat@googlegroups.com" <emrat@googlegroups.com>
Sent: Tuesday, July 15, 2014 9:24 AM
Subject: Re: [emrat:5183] Another t shirt idea
To: "emrat@googlegroups.com" <emrat@googlegroups.com>
Sent: Tuesday, July 15, 2014 9:24 AM
Subject: Re: [emrat:5183] Another t shirt idea
Well, the thing with the Triumph logo is - which one is actually trademarked?
As many of us (most of us?) know, the "old" or "classic" Meriden Triumph logo which dates back to the 1960's (I believe - I'm sure someone here knows Triumph History better than me [paging Bonneville Bob.]) On that logo, the lower leg of the "R" in Triumph swings under the remaining letters and loops back around to make the cross-bar in the "H" at the end of the name.
When Bloor debuted the "New" Hinckley Triumph (1990 I think?) he had slightly changed the logo from the Meriden logo, and now the lower leg of the R merely hangs under the rest of the letters - no looping around.
It's unquestionable that Triumph owns the NEW (i.e. Hinckley) logo. But does Triumph still own the old (Meriden) logo?
A sharp lawyer could say that Triumph owns both of them, or, in the alternative, could argue that anyone using the Meriden logo without Triumph's permission is violating Triumph's trademark in any case, even if Triumph doesn't own the Meriden logo, because the Meriden logo is so similar to the Hinckley logo that the public is likely to be confused about which one is the "real" Triumph.
However, a defense to a trademark suit is that the trademark owner has not aggressively defended the trademark. I see lots of people selling shirts and other gear using both Triumph logos. Particularly in the case of the Meriden logo, I think an argument can be made that Triumph has more or less abandoned the trademark since they don't seem to be going after other people who are using it.
Martin
From: Norm Wright <lowrtax@gmail.com>
To: emrat@googlegroups.com
Sent: Monday, July 14, 2014 11:54 AM
Subject: RE: [emrat:5172] Another t shirt idea
To: emrat@googlegroups.com
Sent: Monday, July 14, 2014 11:54 AM
Subject: RE: [emrat:5172] Another t shirt idea
While I like the shirt idea, but at the risk of being one of those "damn
lawyers" in the group, the Triumph logo is a registered Trademark that can
only be used with permission. That was part of the reason we tried to use
the RAT logo when we were looking at doing a club logo a year or so ago.
Triumph has given blanket permission for RAT clubs to use that.
Norm
-----Original Message-----
From: emrat@googlegroups.com [mailto:emrat@googlegroups.com]
Sent: Monday, July 14, 2014 11:45 AM
To: emrat@googlegroups.com
Subject: [emrat:5171] Another t shirt idea
I had my T-shirt lady create one of these for me with my "we just ride"
saying and it looks great. My first one was with another brand which we
shall not name here. I told her that the Triumph group shares the sentiment.
She can sell these at $16 each for individual orders and less in quantity
should there be any interest. I am not making a penny, just trying to
support a small woman owned business (and getting a free t or two in the
process)
John J. McDonough, FMP
3to5 Facilitator
the Crankset Group
"get off the treadmill "
303-668-1331
www.cranksetgroup.com
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