Question

Please post your answer as why the court, in the Harley-Davidson case found the defendant’s use of the term “hog” not to violated the copyright.

Answer 1

In the Harley-Davidson case, the court found the usage of the term “hog” by the defendant’s not violated the copyright because before Harley-Davidson trademarked the word “hog” was a generic term for a huge motorcycle, and the manufacturer had no trademark in term "hog," which usually describes large motorcycles. Thus court held that defendant could not be enjoined from usage of the term “hog” for the identification of his goods and services. So Grottanelli and other parties can use the word hog