
NEWS RELEASE
APPEALED APPEALED
Hog Shops Know Your Rights!
Listen Up!
Don't' let the Suits in Milwaukee Bully You!
Fight for What is Right
Remember were Suppose to be the Bad Guys!
The Hog Farm of New York, Unauthorized Motorcycle Specialists Est 1969,
Won the rights to "The Hog Farm" name and trading area. They are now the
senior user throughout the USA over the H-D Motor Company, (Harley-Davidson Lost!)
The Hog Farm proved Hog is generic - Not all Hogs are Harleys.
The Hog Farm proved Hog was only Independent & Aftermarket NOT Genuine.
The Hog Farm proved The H-D Motor Company never used Hog (H-D had NO
document proof) not till the mid 80's.
The Hog Farm attorney's Mr. Pete Sommer, and Mr. Joe Delvecchio of
(Phillip, Lythe, Hitchcock, Blaine & Huber) disagree on some of the
Honorable Judge Maxwell's decisions.
Judge Maxwell was not a trademark attorney, so The Hog Farm attorney's
have to clarify the facts, they have respectfully asked the court to
amend it's finding of facts, to make additional findings of facts, and to
amend the court order of March 20, l997, Final argument June 16, l997.
No change. The hog Farm will continue and finish this fight with an
appeal till all facts are proven against the H-D Motor Company. THE HOG
FARM, APPEALED OCTOBER 30TH, 1997
The Trademark Law is:
* You cannot transform a generic term(such as hog) into a subject for
trademark. No matter how much money and effort the user of a generic
term has poured into promoting the sale of its merchandise and what
success it has achieved in securing public identification, it cannot
deprive competing manufacturers of the product of the right to call an
article by its name. The Hog Farm cannot be by trademark laws denied the
use of the word Hog - Hog Trivia - Hog Wash - Hog Holiday. This is clear
reversible error.
* Statement by The Hog Farms attorney, Mr. Sommer: A backlash reaction
to Harley's attempt to appropriate a biker term, particularly, after
Harley had sought to disassociate itself from the biker element, is
hardly a predatory intent. Harley belatedly realized that it could make
money by selling motorcycles to those "Weekend Warriors" clamoring for a
part time devil-may-care biker image. Harley stole the biker's
vocabulary and then tried to prevent them from using their own language.
It literally tried to take the words from their mouths.
* The Hog Farm logo w/altered Bar & Shield cannot be by trademark law
denied the use of their Hog Farm logo. In so doing the court clearly
violated the "Anti Dissection" Rule. Conflicting composite marks are to
be compared by looking at them as a whole rather than breaking the marks
up into their components parts for comparison. This is the anti-dissection
rule. The Hog Farm does not use any version of Harley-Davidson Bar &
Shield logo by itself. The Hog Farm does not use any version of the Bar
& Shield logo, other than in its Hog Farm logo.
* Plus if you snooze you lose. Also by trademark law if you knew of a
mark within six years and did nothing about it, and corporate H-D knew of
The Hog Farm logo. Longer than six years. Harley-Davidson is barred by
laches from complaining of The Hog Farm Logo.>br>
* The H-D Motor went through the courts for justice, and fought for what
was theirs in the first place, and WON!
* The H-D Motor Company admitted Harley was in the wrong. * Admitted: H-D's distaste for the word hog.
* Admitted: The Hog Farm was right, and H-D was wrong.
* The H-D Motor Company admitted The Hog Farm had Superior Rights. The
Hog Farm has asked the court to have their attorney fee's paid by the
Harley-Davidson Motor Co.. for this Injustice.
The H-D Motor Company lawsuit borders on Extortion as H-D tries to take
advantage of the courts ignorance. Everyone would think such a large
company such as Harley-Davidson who made their money from their supporters,
would have brilliant lawyers, but brilliant does not matter when their
fighting the people that live the lifestyle. Their lawyers have only got
ten away this far with bully tactics playing with corporate H-D money,
it certainly is not because of their knowledge of the Harley History of
motorcycles. Corporate H-D has lied to the courts and stole from the
bikers of America! Example: In the Spring/Summer Enthusiast the Harley-
Davidson Motor Co. leads you to believe they had a full victory?????,
but failed to mention The Hog Farm WON!!!, the Hog Farm name.
Don't Back Down!
The Hog Farm has gone the full distance, and it's not over till they say
it's over. The Hog Farm lawyers are Good, Better than Good, they fight
for what is Right, and their not satisfied yet! They got H-D right up
against the wall and their going all the way, they have told the H-D
Motor Co. to stop and desist using hog altogether! The Harley-Davidson
Motor Co. has infringed upon The Hog Farm, Since 1969. They could lose
everything!, and the way they have treated the Motorcyclists they just
may.
FTF.. Help!, The Hog Farm give back the Hog Shops their Hog name!,
and keep the Hog Shops of America FREE!
Hog Farm T-Shirts Available, @ The-Hog-Farm.com
Have a Nice Day!, Fight for Independents & Be Free
Call Toll Free 1-800-822-1903 For Your Parts Today!
721 Mineral Springs Road
West Seneca, New York 14224
Local Phone: 716-822-3227
Email: grott@the-hog-farm.com
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