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HARLEY-DAVIDSON, INC. v. GROTTANELLI

Docket Nos. 97-9446(L), 97-9464(XAP)

164 F.3d 806 (1999)

HARLEY-DAVIDSON, INC., Plaintiff-Appellee-Cross-Appellant, v. Ronald GROTTANELLI, doing business as The Hog Farm, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 15, 1999.

Attorney(s) appearing for the Case

Peter K. Sommer, Buffalo, N.Y. (Joseph N. Del Vecchio, Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N.Y., on the brief), for defendant-appellant.

Michael E. Husmann, Milwaukee, Wis. (Dyann L. Kostello, Katherine W. Schill, Michael, Best & Friedrich, Milwaukee, Wis.; Charles Sullivan, Sullivan & Gallion, New York, N.Y., on the brief), for plaintiff-appellee.

Before: NEWMAN, McLAUGHLIN, and PARKER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal primarily involves trademark issues as to whether the mark "HOG" as applied to large motorcycles is generic and whether a logo is insulated from an infringement claim as a permissible parody. These issues arise on an appeal by Ronald Grottanelli d/b/a The Hog Farm ("Grottanelli") from the October 1, 1997, judgment of the District Court for the Western District of New York (Edmund F. Maxwell, Magistrate Judge

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