Discussion:
Hawaii
I want to use the word "hogs" in my street advertising company name in Hawaii. I use large motorcycles to conduct this advertising but do not directly sell anything related to motorcycles. Harley-Davidson trademarked the name "HOG" and tried to stop companies from using it but lost a case in New York (HARLEY-DAVIDSON, INC v GROTTANELLI
Argued: June 11, 1998 Decided: January 15, 1999) and it was decided that "hog" was generic in refering to large motorcycles and not just Harleys. The defendant was allowed to continue using the word "hog" in his business name. Can I assume that it would be safe for me to use the word "hogs" in my business name as long as I have no interest in selling anything Harley related?
Answer:
Since you did the research on the word "Hog" I suggest you continue your research, specifically with the University of Arkansas trademark and copyright office.
Answer:
Can I assume that it would be safe for me to use the word "hogs" in my business name as long as I have no interest in selling anything Harley related? Depends on what you mean by "safe." It might be legal for you to do so, but that doesn't mean that H-D won't try and sue you anyway to protect it's rights, and it will cost money for you to defend yourself. Not a pretty sight, I agree, but a fact of life.
The case you have quoted will probably bar H-D from successfully keeping you from using the term "Hog," even though the case is not in the 9th Circuit. The USPTO still shows the mark "HOG" as a live mark assigned to H-D, so it may be that the 9th Circuit might view things differently than the 2nd Circuit (where the case you cite was tried). You would be well-served to talk with a local attorney who has some experience in trademarks before spending a lot of money developing the name to try and determine what, if any, risks there might be in using the term HOG.
Answer:
Thank you for the guiding suggestion. I was thinking along the same line but I guess I just needed a second opinion. I would much rather prefer to concentrate on conducting my business and working toward turning a profit vice conducting business with my lawyer fending off legal attacks and spending my profits to do so. Now it is onward with the search for another catchy business name. Mahalo and Mele Kalikimaka to all from Honolulu. Aloha!