Cease and Desist
By John Davis • Aug 1st, 2008 • Category: RantsIt’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.
John Davis is the owner, editor and publisher of Northwest Cycle Report. John also owns and writes for MotoSkagit.com and is the administrator for the Washington 120 State Park Tour. In addition to his own sites, John is a contributing author for MotorcycleLife.com and Motorcyclebloggers.com. He lives in Mount Vernon, WA and rides a candy-red Honda VTX1800 Retro.
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