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    Trademark, copyright, patent: Harley Davidson

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    What is the difference between a trademark, copyright and patent? Can Harley Davidson patent the sound that a Harley makes? Could it be a trademark? Also see Harley-Davidson, Inc. v. Grottanelli,164 F.3d 806 (2d Cir. 1999) cert. denied 531 U.S. 1103 (2001)

    © BrainMass Inc. brainmass.com October 4, 2022, 12:14 am ad1c9bdddf
    https://brainmass.com/business/business-law/trademark-copyright-patent-harley-davidson-390244

    SOLUTION This solution is FREE courtesy of BrainMass!

    Patent - A patent is a right granted to make, use or sell an invention. The invention must be useful and non-obvious. The "useful" element means that the matter in question serves an operative purpose. For example, a machine that operates as intended is useful. If the machine does not operate properly, it is not useful.

    The "non-obvious" element means that the invention cannot stem from an invention that is already in existence. For example, a live mouse trap already exists. Someone cannot "invent" a live trap to catch squirrels and claim originality. That invention would be obvious, since the live mouse trap already exists.

    Copyright - A copyright is a right granted to protect an original work of authorship. Examples of items that can be copyrighted include music, books and computer software.

    Trademark - A trademark is a distinctive method of identifying a specific item or brand by use of words, phrases, symbols, etc. For example, the main logo that Google uses is trademarked. Another example of a trademark is the roar of the lion that MGM uses at the beginning of its movies.

    Therefore, a patent grants a right for an invention, a copyright grants a right for an original work of authorship, and a trademark is a way of identifying a brand.

    Can Harley-Davidson patent the sound that a Harley makes?

    No. The sound that a Harley makes is not an invention, so, therefore; it is not patentable material. However, the sound that a Harley makes is a unique way to identify the brand, which means that it can be a trademark.

    In regard to the Harley-Davidson v. Grottanelli case, Harley-Davidson sued Grottanelli for using the word "hog" in association with its motorcycles. Harley-Davidson registered "hog" as a trademark in 1987 to be used in reference to Harley-Davidson motorcycles. The original district court ruled that Grottanelli had to discontinue using the word, stating that it was a trademark infringement. An Appellate Court reversed the decision, stating that the word "hog" had been in use to describe motorcycles before Harley-Davidson began using it.

    Patents: http://www.uspto.gov/web/offices/pac/doc/general/what.htm
    Harley v. Grottanelli case: http://caselaw.findlaw.com/us-2nd-circuit/1436248.html

    This content was COPIED from BrainMass.com - View the original, and get the already-completed solution here!

    © BrainMass Inc. brainmass.com October 4, 2022, 12:14 am ad1c9bdddf>
    https://brainmass.com/business/business-law/trademark-copyright-patent-harley-davidson-390244

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