After paying $87.50 a small New York company was granted the State trademark for the name “Daytona Beach Bike Weelk intends to take all legal actions to protect its rights on any businesses that produce T-shirts and other merchandise bearing the Daytona Beach Bike Week name without its approval. The Daytona Regional Chamber of Commerce, the association that has managed the annual Bike Week event through an agreement with the city since 1988 has hired the law firm Cobb Cole to contest this company rights and block the New York company’s bid to obtain a federal trademark.
Heather Vargas, the board-certified intellectual property attorney representing the Chamber, said nobody does have a legal right to the Daytona Beach Bike Week name because it isn’t something that can be trademarked. That’s because names that are descriptive, as in the case of Daytona Beach Bike Week, or generic, as in the term Bike Week, cannot be protected under trademark laws,
There also are common law trademark rights to consider, which go to the party that can show it was the first to use the nameEven if one can show that, that party could still lose its rights if it failed to enforce them by allowing others to use that mark for years without permission. As you know, people have been printing merchandise with the phrase ‘Daytona Beach Bike Week’ for decades, so now everybody and his cousin is claiming to have been the first to use/to print “Daytona Beach Bike Week” on tee-shirts or anything that can be sold. Lawyers getting busy….(via Daytona Journal)
Sometimes it’s cheaper to make a couple people disappear than it is to pay a bunch of lawyers.
This is smart on the NY based company. This is the same thing Gene Simmons does. The original designer of the logo owns it without copyright provided they can prove they actually designed it. That would be the only way that the NY based company could loose their trademark on it.
There are way too many attorney’s!!!!!!!!!
Pathetic.
I agree, Bad Monkey.
BadMonkeyMW true that .
They say “Joe Cool” bought the trademark
The never ending story…………………
,,,now i’ve heard everything…
Scumbag’s
Maybe its time to change the name of Daytona bike week to Daytona – – – – – – – – – – – – – – or whatever and draw the first gathering to the renaming / new crown.
Not the end of the world, maybe a breath of fresh air. { shot in the arm } if you will. Just register the damn name.
Send this entrepreneur packing with a worthless logo.
Fuji, you hit it exactly what I was Logging in to see this BullSh_t. You know I wouldn’t give them Sh_t. Frick the POS Lawyers and everyone. You know EVERYONE Knows that there is s BEACH in Daytona! Drop the word Beach. “DAYTONA BIKE WEEK” that’s how I say it anyway. SCREWEM’ !
YEAH, I like that,”DAYTONA BIKE WEEK” now hurry the Hell out and Register “BIKETOBERFEST” cause that would be real hard to RE A RRANGE!
Having Used Cobb Cole in the past -very good firm- I am sure Josh Pope will kick their butts- Mike
Who gives a shit about Daytona, seems like theirs always a problem with BIKE WEEK, any problem with the daytona 500 ??? always shit about BIKE WEEK DAYTONA SUCKS, worst bike week any where in the world.. BOYCOTT DAYTONA………… Let all the politics and bullshit die……..
I will let you all know that I have trademarked the phrases “American Hamster” “OCC sucks” and “F*ck the Chinese” and I will be suing most of yo over the course of the next few weeks. I also trademarked the phrase “the guys at HD don’t know what the F*ck they’re doing.”
Volusia County Bikefest! Damn, I should trademark that!!!