Hogs on the High Seas May Infringe Harley Davidson's "Hogs" Trademark

Case: H-D Michigan, Inc. v. Top Quality Service, Inc., Case No. 06-3618 (7th Cr. 8/2/07)

The One Sentence Summary: Although the word "hog" is generic as applied to motorcycles, it is descriptive as applied to motorcyclists and protectable by trademark law.

What They Were Fighting About: Defendant advertised its cruises for motorcycle enthusiasts using the name "Hogs on the High Seas." Plaintiff Harley Davidson sued for infringement of its trademarks on "HOG" and "H.O.G.", used for its motorcyclist travel club, the Harley Owners Group.

Federal Circuit Holdings:

• Reverses district court's grant of summary judgment in Defendant's favor based on a Second Circuit opinion holding that the word "hog" was generic as applied to motocycles.


• Finds that the Second Circuit opinion did not resolve the issue of whether "hog" is a generic word as applied to motorcyclists.


• Harley Davidson's use of the word "hog" is not generic as applied to its motorcyclist club. It is descriptive because it describes the club's members - motorcyclists.


• Plaintiff's use of the word "hog" is not generic because motorcyclists, not motorcycles, are being invited to cruise.


• As Harley Davidson's trademark is protectable and it submitted evidence of consumer confusion, whether infringement occurred must be decided by a jury.