In summer of 1995, the...
Illustration
In summer of 1995, the Harley-Davidson Motorcycle corporation began working to trademark a component of their bikes. They had found born-again success in the motorcycle industry and wanted to protect that turf. This enviable situation was also creating real problems, namely competition from the Japanese manufacturers. Harley-
Davidson was scrambling to meet production demands and also seeking to differentiate its product from Oriental copies. They aggressively sought to patent what was believed to be something completely unique. Their focus was on a specific aspect of the motorcycle's identity -- its sound. Yes, Harley attorneys were frantically seeking to shield the one integral component of what a Harley is all about -- exhaust noise! The way a Harley rumbles down a road can't be duplicated! No motorcycle to date has come close to rivaling that unique, robust sound. One cannot separate a Harley from the sound a Harley makes. This "designed-in deity" is so unique that it's eligible for privileged patent status. -- Webster
Davidson was scrambling to meet production demands and also seeking to differentiate its product from Oriental copies. They aggressively sought to patent what was believed to be something completely unique. Their focus was on a specific aspect of the motorcycle's identity -- its sound. Yes, Harley attorneys were frantically seeking to shield the one integral component of what a Harley is all about -- exhaust noise! The way a Harley rumbles down a road can't be duplicated! No motorcycle to date has come close to rivaling that unique, robust sound. One cannot separate a Harley from the sound a Harley makes. This "designed-in deity" is so unique that it's eligible for privileged patent status. -- Webster
