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Welcome to the “About Me” page of Harley-Davidson Motor Company (Harley-Davidson).
Our goal on this page is twofold: (1) to help eBay sellers avoid having their auctions terminated at Harley-Davidson’s
request due to trademark infringement and (2) to help buyers and resellers of goods avoid being victimized by counterfeiters.
We feel we can best accomplish this by making sure you:
- Know the Law;
- Know Your Rights;
- Know How Genuine Harley-Davidson® Goods are Distributed;
- Know What to Look For; and
- Know Whom to Ask
NOTE TO EBAY SELLERS: Due to the overwhelming volume of counterfeit and infringing listings and the time involved in
obtaining seller contact information, Harley-Davidson has had to discontinue the practice of communicating directly with sellers
prior to requesting a takedown of infringing listings.We regret the necessity of this action, but the need to keep counterfeit
products off of eBay must be given greater priority.
A Word About Trademarks
Trademarks – such as brand names and logos – sometimes are used in a decorative manner, but they are not mere decorations. Among other
things, they tell consumers the source (i.e., the manufacturer) of the goods they buy and who they may be able to turn to if the goods
don’t perform properly.
Generally, when we talk about Harley-Davidson’s trademarks on this page, we are referring to HARLEY-DAVIDSON and our world-famous
“Bar & Shield” logo (seen above).However, Harley-Davidson also has trademark rights in many other trademarks and logos,
including HARLEY (by itself), HD, H-D, BUELL, MOTORCLOTHES, and all of our motorcycle model names, such as SOFTAIL, FAT BOY,
ROAD KING, etc.
“Harley” and “Harley-Davidson” are company-specific brand names that are properly used only in connection with products actually
made or licensed by Harley-Davidson. Use of these terms in connection with the products of others misleads consumers and infringes
Harley-Davidson’s valuable trademark rights.
Know the Law
It is illegal (and in most states a criminal act) for anyone to create trademark-bearing goods intended for sale without written
permission directly from the trademark owner. There are no exceptions. It is also illegal to resell such goods, even when they
have been purchased in good faith from someone else. Therefore, if you are purchasing goods for resale, you should make sure that
you can legally resell them, beyond merely taking the word of the person you purchased them from. Your seller may not know that the
goods are counterfeit, but even if the seller does know, he or she could have a vested economic interest in misleading you.
Note that making minor changes to the shape of a logo or changing the words inside of a logo does not change this. There is no
“X% of change” that creates a safe harbor for the unauthorized use of trademarks.
Know Your Rights
You do have the right to use word trademarks (such as HARLEY-DAVIDSON) in truthful, informational statements descriptive of what
you are selling. So, if you sell parts and accessories that fit Harley-Davidson® motorcycles but were not made by Harley-Davidson, you
may call them “Parts for Harley-Davidson® motorcycles” (but not “Harley-Davidson Parts”).
You do have the right to resell, without the need for a license or other permission, genuine, authorized goods obtained legally.
You don’t have the right to display Harley-Davidson’s logo for any purpose, including in auctions where genuine goods are being
offered. Only Harley-Davidson’s authorized motorcycle dealers and licensees have the right to use our logo in advertising. (Note that
this refers to the display of our logo other than it appears on product. Logos that are legitimately part of product design can be
shown in photos of the product).
You don’t have the right to apply Harley-Davidson® stickers, decals, patches, and scrapbooking materials to new goods made by
someone else when you intend to sell them. These items are sold solely so that enthusiasts can decorate their already-owned personal
property. The application of a patch or decal does not turn the entire item into a “Harley-Davidson” item, and items so decorated may
not be represented as such.
We disagree. The purpose for which these items are sold does not legally prevent someone from using them in this manner
as ling as the end product is not described as being genuine.
You don’t have the right to use genuine, licensed HARLEY-DAVIDSON products to create completely new and different items. Examples:
You may not use a licensed HARLEY-DAVIDSON tin sign as the face of a clock, use licensed HARLEY-DAVIDSON guitar picks to create jewelry,
or turn a HARLEY-DAVIDSON license plate into a lamp or wind chimes. The presence of our trademarks on any goods offered for sale tells
prospective purchasers – even if you don’t say so in so many words – that the entire object came from Harley-Davidson. Disclaimers are
not an acceptable way to avoid this rule.
RULE? What rule? There is no such rule. Again, we disagree. There is no case law that we have found that supporst this
claim by Harley-Davidson.
You don’t have the right to alter licensed product when you intend to sell the result. For example, you may not take a licensed
T-shirt apart to create a completely new design (such as a halter top) or replace the sleeves or other parts of the shirt with fabric
of your own choice. Trademarks owners have a very basic right – and an obligation -- to control what goods bearing their marks look
like, what they’re made of, the quality of all the component parts, and the labor practices employed in their manufacture. As long as
our trademarks remain on the goods, they may only be resold in essentially the same form in which they were originally licensed.
Trademark owners have a right, but not an absolute right, to control their goods. But they lose that right after they
sell the item. Unless the purchaser does something to creat confusion in the mind of the public, altering the initial product without
altering the trademark, is perfectly acceptable.
You don’t have the right to use Harley-Davidson’s trademarks (such as HARLEY-DAVIDSON or HARLEY) in the title of your listing if
the entire product offered does not actually come from Harley-Davidson. Our trademarks may not be used to attract potential customers to
your listings merely because what you are selling can be worn while on a motorcycle, is in the shape of a motorcycle, has a motorcycle
image on it, or just might be of interest to people who ride motorcycles.
You don’t have the right to reproduce HARLEY-DAVIDSON or BUELL technical publications for any purpose; reproduction for profit
is especially problematic.
Know How Genuine HARLEY-DAVIDSON® Goods are Distributed
Harley-Davidson sells its motorcycles, motorcycles parts & accessories, and MOTORCLOTHES brand clothing and collectibles
only through its authorized Harley-Davidson® motorcycle dealerships.
In addition, many of our licensees – including those for T-shirts, decals, and jewelry (except Franklin Mint) – are permitted to sell
only to Harley-Davidson® motorcycle dealers. Furthermore, our licensees who do sell outside the dealer network (such as our footwear
provider) are not permitted to sell to jobbers, brokers, and other wholesale sources, or to people who sell solely on the Internet.
Genuine HARLEY-DAVIDSON products are not generally available at trade shows and are rarely found in flea markets, especially in
any quantity greater than a handful. Therefore, there are very few products available at wholesale to non-dealers, and you should be
suspicious of an offer to sell so-called “Harley-Davidson” goods to you at wholesale. Before you invest a lot of money in inventory
you won’t be permitted to sell, investigate the source. Keep in mind at all times that the people trying to sell you goods
are highly motivated to make the sale and do not have your best interests foremost in their minds. Don’t merely take their word that the
goods are claimed to be authorized.
Know What to Look For
There is no single piece of information that will help you avoid being deceived by counterfeit goods. A little common sense, however,
will go a long way. First, visit a Harley-Davidson dealership and become familiar with the look and feel of our labels, packaging, and
hang tags. Genuine goods are rarely sold loose and without packaging and/or hang tags of some sort. Look for our logo on labels inside
garments.Keep in mind that something that appears too good to be true – such as “Harley-Davidson” leather jackets for prices far less
than those offered in dealerships – probably is too good to be true. Since Harley-Davidson dealers are the only ones who can buy
direct, they’re also generally the only ones who can give you a true “bargain.”
Other points to keep in mind:
- There is no source in Asia authorized to make HARLEY-DAVIDSON goods for sale to anyone other than Harley-Davidson itself or one
of its licensees. If you are buying (or reselling) goods that will be “shipped direct from” to you or your customer, the
goods are counterfeit, no matter what they look like or what you are told.
- No authorized HARLEY-DAVIDSON jewelry is made in Mexico.
- The only company authorized to make HARLEY-DAVIDSON body jewelry and Italian charms is Stamper Black Hills. You can see
Stamper’s officially-licensed jewelry at www.stamperbhg.com. All other body jewelry and Italian charms bearing
Harley-Davidson's trademark are counterfeit.
- There is only one legitimate source for neon Harley-Davidson® Signs, which is Ace Product Management Group. Their offerings
can be seen at www.roadhousecollection.com. Currently, there are only two authorized neon Harley-Davidson® signs, and
both are relatively small wall decorations.
- The purchase of a CD containing logos in a format suitable for driving embroidery, engraving, and vinyl cutting machines does not
give you the right to use those logos on goods intended for sale, irrespective of what the seller of the CD tells you (or
does not tell you). The only way to legally apply trademarks to goods intended for sale is to get written permission directly
from the owner of the trademark.
- The presence of a ® symbol next to our trademark is not a guarantee that the goods are genuine. Many counterfeiters go to
great lengths to deceive, and they commonly use this symbol to do that.
- The appearance of any words other than “Harley-Davidson Motor Cycles” inside our logo (such as the names of other motorcycle
manufacturers, rally and event names, or general sentiments) is a dead giveaway that the goods are unauthorized.
The only way to be certain that the (new) goods you are purchasing are genuine HARLEY-DAVIDSON goods is to purchase them from a
Harley-Davidson dealership or licensee. In almost any other situation, you are at risk.
Know Whom to Ask
Harley-Davidson is happy to answer questions concerning the use of its trademarks or to assist you in determining whether
something you’re interested in buying is genuine or counterfeit. We can be reached by e-mail at
TrademarkEnforcement@harley-davidson.com.
RIDE FREE and TRADE SAFE.
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