Sentences with phrase «using screamin»
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.
http://www.slaw.ca/ Not exact matches
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.