NY Co. Buys Daytona Beach Bike Week Rights

November 26, 2010
Bryan Harley
Bryan Harley
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Our resident road warrior has earned his stripes covering the rally circuit, from riding the Black Hills of Sturgis to cruising Main Street in Daytona Beach. Whether it's chopped, bobbed, or bored, metric to 'Merican, he rides 'em all.

Daytona Bike Week 2010
A New York company has bought the state trademark to the name “Daytona Beach Bike Week” and is threatening legal action against businesses who use the logo without their consent.

Looks like a legal battle will soon be brewing over the rights to the name Daytona Beach Bike Week. 

NewsJournalOnline.com reports that a New York holding company has bought the state trademark to “Daytona Beach Bike Week” for the paltry sum of $87.50. The company, which operates under several monikers including Mettemp Inc. and Consolidated Distributors Inc., has started contacting Daytona Beach businesses threatening to “take all legal actions to protect its rights” against those who produce or sell merchandise using that name. The report states that the New York holding company considers that merchandise “counterfeit goods” and would go as far as attempting to seize these products.

The Daytona Regional Chamber of Commerce, who has managed Bike Week through an agreement with the city since 1988, is already in the process of contesting the move. According to NewsJournalOnline.com, the chamber has hired the law firm Cobb Cole and will fight the claim in addition to blocking the New York company’s attempt to obtain a federal trademark. The chamber produces its own line of Daytona Beach Bike Week t-shirts, maintains the official Bike Week website and operates the Bike Week Welcome Center.

But Mettemp’s local affiliate out of Holly Hill, Joe Cool Inc., claims it has trademark rights because it has been producing t-shirts and other merchandise with the Daytona Beach Bike Week logo since 1987.

Contrarily, Mid-Florida Sportswear, the company that prints up the official Daytona Beach Bike Week tees for Daytona’s Chamber of Commerce, says it has been printing and selling shirts with that name since 1977 and other companies have been doing it even longer than that.

The case only gets muddled more by intellectual property rights, common law trademark rights and the question whether Daytona Beach Bike Week can even be trademarked under existing laws.

The one point that stood out the most in the NewsJournalOnline.com article is that the owner of Joe Cool Inc., Yosef Amar, is already in the process of asking businesses that want to sell Daytona Beach Bike Week merchandise to “either pay a licensing fee of 20 cents per product bearing the name, or buy reprinted products his company makes to resell.”