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Harley-Davidson, Inc. v. Grottanelli, 91 F.Supp.2d 544, 54 U.S.P.Q.2d 1278

Facts

Harley-Davidson, Inc. sued motorcycle repairer Grottanelli for trademark infringement and unfair competition, claiming that Grottanelli's use of the terms 'HOG,' 'Hog,' or 'hog' would likely cause consumer confusion. The court found that these terms were generic and had been used by Grottanelli prior to Harley-Davidson's trademark claims. The case was remanded from the Second Circuit, which upheld the injunction against the use of Harley-Davidson's 'Bar and Shield' trademarks but reversed the injunction regarding the 'Hog' trademarks, determining that 'hog' was a generic term.

Issue

Whether the motorcycle repairer's use of the terms 'HOG,' 'Hog,' or 'hog' constituted trademark infringement and unfair competition under the Lanham Act.

Whether the motorcycle repairer's use of the terms 'HOG,' 'Hog,' or 'hog' constituted trademark infringement and unfair competition under the Lanham Act.

Rule

Analysis

The court analyzed the use of the term 'hog' and determined that it was generic in nature, having been used by Grottanelli in his business name prior to Harley-Davidson's trademark claims. The court concluded that the mere use of the term 'hog' by Grottanelli, regardless of its capitalization, did not create a likelihood of consumer confusion, especially since it was not used in conjunction with Harley-Davidson's trademarks. The court emphasized that Harley-Davidson would need to rely on its other trademarks to identify its brand.

Conclusion

The court ruled that Grottanelli could continue to use the term 'hog' to identify his motorcycle products and services, as it was deemed generic and not likely to cause consumer confusion.

Who won?

The motorcycle repairer, Grottanelli, prevailed in the case regarding the use of the term 'hog.' The court found that the term was generic and had been used by Grottanelli prior to Harley-Davidson's claims, which meant that his use did not infringe on Harley-Davidson's trademarks. The court upheld the decision that Grottanelli could use 'hog' in his business without causing consumer confusion.

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