| Concurrent Use Statement | You may consider initially rejecting this application because you may believe our trademark "harleymom" may "offend" Harley Davidson motorcycles. However, Harley Davidson regularly scours the Internet for anything they consider a trademark violation and have even started a number of law suits. Since we have used the name "harleymom" and the URL "harleymom.com" since 1995, and have had advertising on our site since 1998, there is no question that Harley-Davidson is aware of our URL (harleymom.com) and has not requested the discontinuance of its use. We are claiming ownership of the trademark "harleymom" accrued under "common law usage." We are in the process of compiling copies of letters from Harley-Davidson to website owners and citations of lower court lawsuits started by Harley-Davidson against website owners. The list is volumnious and we need additional time to thoroughly compile this information. Examples of Harley-Davidson's Internet scouring include using ICANN's Uniform Domain Name Dispute National Arbitration Forum (H-D Michigan, Inc. v. Garry Skaggs d/b/a Garry Skaggs Company Claim Number: FA0211000132449 where Harley Davidson demanded surrender of the domain names and was unsuccessful in part). Some cases go as high as the United States Court of Appeals for the Second Circuit (the "Appellate Court") (Harley-Davidson, Inc. v. Ronald Grottanelli, 1999 U.S. App. LEXIS 565 (January 15, 1999). _________________ This letter was addressed to ironheadsportster.com and received from..... Trademark Enforcement Coordinator of The Harley-Davidson Motor Company ... We are further aware that you are using "ironheadsportster.com" as your web site domain name. Again, as an independent business, unaffiliated with Harley-Davidson Motor Company, you may use our worded trademarks in truthful and informational phrases to describe your activities. Since your web site involves commercial activity, we do not feel that your use of our trademarks is informational and thus you cannot use any of our trademarks, which in this particular case means you cannot use "SPORTSTER," as part of your domain name. Using our HARLEY-DAVIDSON trademark as part of your domain name is likely to cause the consumer or potential consumer to confuse your web site with us. We wish to also point out that the entity responsible for assigning domain names does not check to see if a requested domain name violates an existing trademark. It is concerned only with whether the name is already taken as a domain name. In other words, simply being assigned a domain name does ! not necessarily entitle you to the rights thereof. ... ... |
| Goods and Services | "Fragrances for personal use in International Class 003;" namely soaps; perfumery, essential oils, chrome polish, cosmetics, hair lotions "Flatware in International Class 008;" namely cutlery "Sunglasses in International Class 009;" namely optical, automatic vending machines and mechanisms for coin operated apparatus "Jewelry in International Class 014;" namely Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones "Glassware in International Class 021;" namely, Household or kitchen utensils and containers, combs, brushes, unworked or semi-worked glass, glassware, porcelain and earthenware not included in other classes; "Linens in International Class 024;" namely Textiles and textile goods, not included in other classes; beds and table covers; "All types of items for female use International Class 025;", namely Clothing, footwear, headgear; "Candles in International Class 004;" namely illuminants; candles, wicks; "Common metals and their alloys in International Class 006;" namely goods of common metal not included in other classes "Paper, cardboard and goods made from these materials, not included in other classes in International Class 016;" namely printed matter, stationery; instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; stickers "Leather and imitations of leather, and goods made of these materials and not included in other classes in International Class 018;" namely animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; "Furniture, mirrors, picture frames; goods (not included in other classes) in International Class 020;" namely those made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics; "Sacks and bags (not included in other classes) in International Class 022;" "Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers in International Class 026;" "Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile) in International Class 026;" "Games and playthings in International Class 028;" namely sporting articles not included in other classes; decorations for Christmas trees; "Preserved, dried and cooked fruits and vegetables; jellies, jams and sauces in International Class 029;" "Coffee, tea, sauces (condiments); spices, preparations made from cereals, mustard; in International Class 030;" "Seeds, natural plants and flowers in International Class 031;" "Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages in International Class 032;" "Tobacco; smokers' articles; matches in International Class 034;" "Advertising in International Class 035;" "Travel arrangement in International Class 039;" "Entertainment in International Class 041;" "Services for providing food and drink; temporary accommodations in International Class 043;" |
