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NY Co. Buys Daytona Beach Bike Week Rights

Friday, November 26, 2010
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.”
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c -too much commotion  November 29, 2010 05:26 PM
I think jabberwocky is gettin too the point. I really doubt they will get away with this- the laws protect people too and judges tend not to reward dickishness. Its not all about the letter of the law but the spirit. Keep an eye on it maybe but I wouldn't really worry about these shenagins based on whats in the article.
Jabberwocky -Macca  November 29, 2010 03:47 AM
Woodco100 - yeah any one of them could have - most people try and come up with ideas of their own rather than stealing what is currently out there. The problem as I see it is this - It SHOULDN'T be possible to trademark a term that is commonly in use. The reason that it riles people is that it's like a lawyer walking past my house and deciding that my driveway would be a great place to park his Mercedes while he's at work. So he registers it as his property. NOW I HAVE TO PAY RENT so that me and she indoors can use our own driveway at weekends and evenings! Legal theft - pure and simple.
mugwump -Yeah  November 28, 2010 05:02 PM
yeah but the other two are Kawis ;-)
wildpig -thatd be mr wildpig to you  November 28, 2010 03:37 PM
irksome -Oh noes!  November 28, 2010 12:10 PM
Whatever will the beer-swilling pirates DO? A t-shirt is the ONLY MEANS available to remember their Wanna-Be-A-Bad-Boy Week! Without one, it's just another hangover.
Woodco100 -I agree  November 28, 2010 07:31 AM
there are 300 million people is this country. Any single one of them could have bought that name. Harley just shut down Ridley for using the term "AutoGlide".

Do we attack Pat Rielly for trademarking the term 3-peat. Or the 2 brothers who made millions on "life is good".

I just applied for a trade of a word very common in the MC business. I see it every month in the mags. This idividual, regardless of race, creed or color is entitled to protection under the law for trademarked property.

mugwump -Nothing personal  November 28, 2010 05:01 AM
It's just business, nothing personal. We are a nation of laws, rules. If you don't like the rules, and there are many not to be liked, contact your legislator. Don't hate the player, hate the game. But you don't have to like the player either.
Jabberwocky -macca  November 28, 2010 04:02 AM
Ok Ok - I get it. No aspersions allowed. This particular individual is just a great businessman who has spotted a hole in the market. Well done him. What a great businessman!
Jabberwocky -Macca  November 28, 2010 02:31 AM
Ok - no references to race creed or religion. But my deleted comment is based on more than being insensitive. I lived and worked in a certain middle east country that had a presence in the usa. The 'mindset' of these gentlemen towards their american customers was one of "they're all stupid, they're laws ar stupid, and we can make a ton of money from them". The gentleman involved at the top of this idiotic situation is just such a character.
jake -ridefar  November 27, 2010 07:37 PM
The parasites keep feeding and srewing everthing they can get thier nasty, money grubbing hands on.How do these disgusting low life's live with themselves.
Your Mother -Please......  November 27, 2010 07:02 PM
And the insensitive comments start rolling in.........let's not bring race or religion into this.....
Tim -Simple  November 26, 2010 08:09 PM
@Jay Greed man, greed.
mugwump -Priceless  November 26, 2010 04:25 PM
Lawyers shutting down Bike Week in furor over T shirt sales. LOL. Outlaws, giggle, snicker..... Hey buddy your do rag is slipping...
Jan Henson -Motorcyclist  November 26, 2010 02:12 PM
The lawyers will want a bigger piece of the action in order to solve this idiocy. Like the courts need to have this on the docket. Lets all join in a legal action and claim that the Camel Cigerette Camel is "Joe Cool" and file suit against Mettemp Inc. for trying to confuse the public.
Jay -Realy  November 26, 2010 02:04 PM
WTF is wrong with this Country.