New York Company Claims To Own The Daytona Beach Bike Week Trademark

After paying $87.50 a small New York company was granted the State trademark for the name “Daytona Beach Bike Weelk  intends to take all legal actions to protect its rights on any businesses that produce T-shirts and other merchandise bearing the Daytona Beach Bike Week name without its approval. The Daytona Regional Chamber of Commerce, the association that has managed the annual Bike Week event through an agreement with the city since 1988 has hired the law firm Cobb Cole to contest this company rights and block the New York company’s bid to obtain a federal trademark.

Heather Vargas, the board-certified intellectual property attorney representing the Chamber, said nobody does have a legal right to the Daytona Beach Bike Week name because it isn’t something that can be trademarked. That’s because names that are descriptive, as in the case of Daytona Beach Bike Week, or generic, as in the term Bike Week, cannot be protected under trademark laws,

There also are common law trademark rights to consider, which go to the party that can show it was the first to use the nameEven if one can show that, that party could still lose its rights if it failed to enforce them by allowing others to use that mark for years without permission. As you know, people have been printing merchandise with the phrase ‘Daytona Beach Bike Week’ for decades, so now everybody and his cousin is claiming to have been the first to use/to print “Daytona Beach Bike Week” on tee-shirts or anything that can be sold. Lawyers getting busy….(via Daytona Journal)

19 Responses to “New York Company Claims To Own The Daytona Beach Bike Week Trademark”

  1. 1 BadMonkeyMW Nov 25th, 2010 at 11:22 am

    Sometimes it’s cheaper to make a couple people disappear than it is to pay a bunch of lawyers.

  2. 2 zyon Nov 25th, 2010 at 11:32 am

    This is smart on the NY based company. This is the same thing Gene Simmons does. The original designer of the logo owns it without copyright provided they can prove they actually designed it. That would be the only way that the NY based company could loose their trademark on it.

  3. 3 666 Nov 25th, 2010 at 11:52 am

    There are way too many attorney’s!!!!!!!!!

  4. 4 Woody Nov 25th, 2010 at 9:15 pm


  5. 5 Rick Nov 25th, 2010 at 11:51 pm

    I agree, Bad Monkey.

  6. 6 broadway choppers Nov 26th, 2010 at 7:10 am

    BadMonkeyMW true that .

  7. 7 Harl Nov 26th, 2010 at 9:51 am

    They say “Joe Cool” bought the trademark

  8. 8 martin Twofeather Nov 26th, 2010 at 11:01 am

    The never ending story…………………

  9. 9 jim Nov 26th, 2010 at 12:56 pm

    ,,,now i’ve heard everything…

  10. 10 lumpy Nov 26th, 2010 at 3:47 pm


  11. 11 fuji Nov 26th, 2010 at 5:27 pm

    Maybe its time to change the name of Daytona bike week to Daytona – – – – – – – – – – – – – – or whatever and draw the first gathering to the renaming / new crown.

    Not the end of the world, maybe a breath of fresh air. { shot in the arm } if you will. Just register the damn name.

    Send this entrepreneur packing with a worthless logo.

  12. 12 Nov 27th, 2010 at 1:12 pm

    Fuji, you hit it exactly what I was Logging in to see this BullSh_t. You know I wouldn’t give them Sh_t. Frick the POS Lawyers and everyone. You know EVERYONE Knows that there is s BEACH in Daytona! Drop the word Beach. “DAYTONA BIKE WEEK” that’s how I say it anyway. SCREWEM’ !

  13. 13 Nov 27th, 2010 at 1:17 pm

    YEAH, I like that,”DAYTONA BIKE WEEK” now hurry the Hell out and Register “BIKETOBERFEST” cause that would be real hard to RE A RRANGE!

  14. 14 Mick Chadwick- Custom Nov 29th, 2010 at 9:28 am

    Having Used Cobb Cole in the past -very good firm- I am sure Josh Pope will kick their butts- Mike

  15. 15 road rash Nov 30th, 2010 at 7:00 pm

    Who gives a shit about Daytona, seems like theirs always a problem with BIKE WEEK, any problem with the daytona 500 ??? always shit about BIKE WEEK DAYTONA SUCKS, worst bike week any where in the world.. BOYCOTT DAYTONA………… Let all the politics and bullshit die……..

  16. 16 Mr. Knuckles Dec 6th, 2010 at 5:05 pm

    I will let you all know that I have trademarked the phrases “American Hamster” “OCC sucks” and “F*ck the Chinese” and I will be suing most of yo over the course of the next few weeks. I also trademarked the phrase “the guys at HD don’t know what the F*ck they’re doing.”

  17. 17 Arie Dec 9th, 2010 at 3:21 pm

    Volusia County Bikefest! Damn, I should trademark that!!!

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