It’s been an interesting week. On Monday I received a letter from the legal counsel for Cycle News magazine. The letter explained that Cycle News is a registered trademark and that the owners of the mark feel that my use of the phrase “Cycle News” on my site and domain name infringed upon their trademark. Therefore, I was to cease and desist use of the phrase or face legal action.
On Tuesday I contacted Cycle News‘ legal counsel and we discussed possible courses of action. In short, they have a strong case and the resources to win it. I have neither. I have submitted a proposal for a “ramp down” period during which I will rename my site and migrate all of the content to a new domain. I am waiting for a response from Cycle News.
The attorney from Cycle News was very reasonable and indicated that her client had no interest in causing me to lose readers and there were no issues with the content of my site. As a trademark holder, Cycle News is obligated to defend their mark lest it be weakened. While I did not think that I was infringing their trademark, using two common words that accurately describe what I do, trademark law doesn’t see it that way and essentially obligates Cycle News to defend their mark.
Stay tuned.
On the upside, I am very pleased to welcome a new regular contributor; Steve Johann. Steve is the producer and co-host of HogRadio, a weekly internet radio show focuses on the world of V-Twins and customs. I was recently interviewed on the show and Steve and I hit it off, so I am very excited to have him onboard.
Also in this issue, Michael Pierce continues his healing journey in part 2 of A Road Story. Michael, an accomplished professional photographer, also contributed the photo accompanying the story. Look for more of his photography here in the future.
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14 users responded in this post
I don’t think they have a strong case. These are two very common names, plus Cycle is in the English dictionary a bicycle, so they wrong there.
They’re trying to scare you into letting go since they know that most people will want to settle, not go to court due to cost. If I were you, I’d have a chat with a lawyer, see what the options are legally.
Alternatively, we (MBI) can make a case out of it, and play it on the internet. Togetehr we represent millions of readers…
Mike, I appreciate the support. Those with whom I have consulted advise me that Cycle News does indeed have a strong case. They have owned the trademark “Cycle News” in conjunction with newspapers relating to motorcycles, motorcycle activities and races for over 40 years. The commonality of the subject matter and the similarity of the names creates a reasonable possibility of confusion and that is enough for the trademark holder to be obligated to defend their mark.
As one of my readers put it, “How would you feel if someone started a motorcycle site and newsletter called Pacific Northwest Cycle News?” I would not be happy and would likely challenge that publication. Cycle News is doing the same.
Okay, I can see their point. How about Northwest Motorcycle News? Still too close?
Another alternative is to see if the “Cycle News” owner will license the use of the phrase in your blog, North West Cycle News. If they want to be nice guys and live in the spirit of biker fraternity, they could easily license the prhase for a niminal fee. $1.00 a year is enough to protect their “Intelletual Property Rights”. I agree the other side is reaching deep into the barrel on this one.
SF
BP
Tim, there exists a publication called “Motorcycle News;” so I fear I would run into the same issue. Because I deal in news and other content that is very similar to the major magazines and serve the same audience, albeit regionally, I do have to choose carefully to avoid this issue in the future. The new name needs to not incorporate the name of any existing motorcycle news-related publication. So, “Motorcyclist”, “Cycle News”, “Motorcycle News”, “Rider” are all probably not safe choices to include.
Bob, licensing may be a possibility. I am still waiting for Cycle News to respond to my proposal.
How about NW Motorcycle Digest, or something similar? Cetainly there are options.
Keep up the good work, John.
Clark, thank you for the encouragement. I am not going away and there are definitely options. I have received several excellent suggestions for a new name.
How about The Great Northwest Motorcycle News and Information Digest or:
TGNWMND.com for short
I betcha thats a combination of letters not thought up by anyone else.
SloRideBob - I like it! It just rolls off the tongue!
How much do you want for the domain name?
Nicholas
The domain name is not for sale.
I had the same thing happen a few years back with a Domain name I was using. They were threatening to sue me. I was sub hosting sites under mine and one of my clients was John R. Hickman attorney at law. I too feared the big guy. John told me their position was thin. I told them I would have to move my clients and get their permission and expected the costs to be covered by the company that took issue. That included my fee for doing all the work. When they found out my primary customer was a lawyer they no longer would return my calls. It just went away. My guess is they are bluffing. Search Google for “Cycle News” there are several sites. The two words are very generic specifically the word news.
[...] anything different? A few weeks ago I told you about being contacted by Cycle News the magazine with a cease and desist letter. Well, [...]
Thanks John.
I'd say they had a fairly weak case. Anyway, it's one more publication I'll remember never to purchase.
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