Roadside Prophets

(1992)   Tags: New Line |  TriStar

HARLEY-DAVIDSON v. Columbia Tristar Home Video

On April 28, 1993, plaintiff Harley-Davidson, Inc. filed a complaint in the Eastern District of Wisconsin which alleges that Columbia Tristar Home Video, New Line Cinema Corp. and New Line Home Video, Inc. used Harley-Davidson’s registered trademark of the “Bar and Shield” design in connection with the sale and advertising of a videocassette version of a film entitled Roadside Prophets, in violation of 15 U.S.C. §§ 1114-1118 & 1125 and common law governing trademark infringement and unfair competition.

Specifically, the alleged infringement consisted of the defendants placing a design, which Harley-Davidson claims is identical to the Logo except that it contains not the name of Harley-Davidson but rather the names of the lead actors in the film, in advertisements for the videocassette and on the videocassette box, with the intent to trade on Harley-Davidson’s reputation and goodwill, creating the likelihood of confusion, mistake and deception as to the source or sponsorship of the film.

Judgment: (1) the defendants’ motion to dismiss or transfer venue to the Southern District of New York, for improper venue, pursuant to Rule 12(b)(3), Fed.R.Civ.P., and 28 U.S.C. § 1406(a), or, in the alternative, to transfer venue to the Southern District of New York, for the convenience of the parties and witnesses and in the interest of justice, pursuant to 28 U.S.C. §§ 1404(a) or 1406(a), be denied;
(2) the defendants’ motion to seal be denied;

(3) a teleconference, to be initiated by Harley-Davidson, be held at 1:30 p.m., Thursday, May 12, 1994, for the purpose of scheduling further proceedings in this matter.