Sentences with phrase «screamin eagle»
500 dollar deposit required and buyer is responsible for pickup or shipping. 2014 Harley - Davidson Ultra Limited screamin eagle air cleaner, supertrapp supermeg tuneable exhaust with discs, screamin eagle super tuner pro.
http://www.shoppok.com/ Not exact matches
The Court found that HD has been using SCREAMIN» EAGLE in association with high performance parts and accessories for its motorcycles since 1983 and therefore HD's use predated that of the defendants.
The defendants own marks for SCREAMIN» EAGLE and SCREAMING EAGLE for clothing and accessories and a registration for operation of retail stores.
The defendants also failed to prove that that» HD's SCREAMIN» EAGLE clothing and collateral items come from the defendants and from no other source».
After opening their Montreal store and being made aware of HD's SCREAMIN» EAGLE trade - mark for motorcycle parts, the Defendants purchased clothing described as «H.D. t - shirt SCREAM EAGLE», and continued to sell HARLEY - DAVIDSON brand merchandise purchased from HD licensees.
Canada's Federal Court addressed this issue in H - D U.S.A., LLC v. Berrada 2014 FC 207 where the Court faced a claim by the Harley Davidson group («HD») seeking declaratory relief as to their right in their SCREAMIN» EAGLE trademark.
The defendants counterclaimed claiming that HD were selling and advertising clothing and accessories with SCREAMIN» EAGLE in an effort to diminish, destroy or acquire the goodwill of the defendants who claimed to have been using the trademark SCREAMING EAGLE for over 20 years.
In order to succeed in a depreciation claim the defendants had to satisfy a «linkage test», namely, to establish a link in the mind of the average HD motorcyclist such that «on seeing the SCREAMIN» EAGLE mark used by HD the consumer must think, even subtly or subliminally,» that it is the defendants» mark.
After applying the confusion criteria under Canadian law the Court considered factors such as the existence of other users of SCREAMING EAGLE clothing in the market but found «For all HARLEY - DAVIDSON riders and customers SCREAMIN» EAGLE is only associated with HARLEY - DAVIDSON and no other brand».
HD is the registered owner of the SCREAMIN» EAGLE trademark for clothing in the United States and other countries but does not have such a registration in Canada.
The Court could not find that a linkage to the defendants will be made by a HARLEY - DAVIDSON owner or rider since the average HD customer is quite familiar with HD merchandise, all HARLEY - DAVIDSON merchandise bears the HD bar and shield mark and HD SCREAMIN» EAGLE merchandise is packaged distinctively.