Hopefully Erik was talking to Bombardier to see if he could swing a deal for motors if a deal of some sort could be made to keep Buell alive, even if it was under a different name....Pegasus motors anyone? (just my idea, not anything I've read or heard)
H-D jealously guards it's patents and trademarks....Buell and Buell Motor Company names were purchased when they bought the company. Any attempt to use of the name Buell on a new motorcycle will be met with a legion of lawyers, remember how H-D went after the Honda Shadow because it sounded too much like a Harley? They even claimed to have a copyright on the sound of a single crankpin twin.
If there is one group HDI won't be cutting it is their corp of lawyers. In fact they may get even more rabid than before.
I'm not convinced HD has the legal right to keep Mr. Buell from using his last name in some form or fashion (Buell Cycle company - Buell Sport bike Co ) etc. I'm sure some smart person on the Badweb knows the answer.
I don't know much about laws and such but I just bought a CR and was criusing the manual and in the back are all the patents the bike is manufactered under. I googled them all the only ones given after 1994 are 6213238,4951774,6105701,6213204,6267193 these I would think, probably pertain to H-D but all are registered to Buell so who knows. Unfortunatley they are mostly the XB mods but I would bet you could build a tuber with a different power plant completely unhinged from Harley. Anyone in the know please post
When you work for a big company, your contract usually assigns all patents you get during that time to the company. Your name is still on the patent, but it's only good for bragging rights.
I believe that it will not really matter what name is on the bike if Erik starts up again with pretty much all new bikes with even newer technology. Within weeks everyone in motorcycling will know about the "new" brand, who makes it and will either buy one because of dedication to Buell or mainly because it will surely be one of the absolute best sport bikes in the world. Good things might be coming. Bob
Unlike copyrights or patents, trademark registration rights can last indefinitely if the owner continues to use the mark to identify goods or services. The term of a federal trademark registration is ten years, with ten-year renewal terms. However, between the fifth and sixth year after the date of initial trademark registration, you must file an "affidavit of use" and pay an additional fee to keep the registration alive. You must also file an affidavit and pay a fee within a year before the end of every ten-year period.
IIRC,Ford sold the name GT-40 and then when they made the replica GT-40,the dude that owned the name wanted a million bucks for it. Ford said FU and simply called it the GT