IF YOU OWN A HARLEY DAVIDSON | YOU HAVE TO HEAR THIS

#HARLEYDAVIDSON #HARLEY #HARLEYDAVIDSONWARRANTY
Federal regulators have accused Harley-Davidson and Westinghouse of imposing illegal warranty terms on customers and ordered them to fix their warranties and ensure that their dealers compete fairly with independent repair-makers.
The companies have imposed illegal warranty terms that voided customer warranties if they used anyone other than the companies and their authorized dealers to get parts or repairs — restricting their options and costing them more money, the Federal Trade Commission announced Thursday in actions against the Milwaukee motorcycle maker and MWE Investments, which makes Westinghouse-brand outdoor power generators and related equipment.
Under a proposed consent agreement with the agency, the companies will be prohibited from telling customers that their warranties will be voided if they use third-party services or parts, or that they should only use branded parts or authorized service providers.

00:00 Intro
01:07 My personal experience with an extended warranty from Harley-Davidson
02:55 FTC Harley-Davidson engaged in illegal practice regarding warranties
05:50 Harley Davidson imposed illegal conditions
07:17 Harley Davidson goal was to put independent shops out of business
08:41 The Right to Repair policy
11:26 I have a bad taste in my mouth for Harley Davidson

https://www.clickondetroit.com/news/politics/2022/06/23/fix-the-hog-harley-westinghouse-ordered-to-fix-warranties/

🔥Trademark law does not let a trademark owner exert its trademark rights to stop news reporting about it or its products or services. You see proof of this everyday on the front pages of newspapers, the homepages of news websites, and countless blogs. Mainstream reporters and non-traditional journalists routinely report on earnings announcements, job lay-offs, and accounting scandals without worrying that they are infringing or diluting the trademarks of the companies and organizations they report on. There are several legal bases for this result: there is no risk of confusion between the news source and the trademark owner; nominative fair use protects this use of the trademark owner's mark; and the federal dilution statute expressly exempts "news reporting and news commentary" from a dilution claim. See 15 U.S.C. § 1125(c)(3)(B). As noted above, one court has held that a blogger's critical commentary on a company qualified as "news reporting and news commentary." See BidZirk, LLC v. Smith, 2007 WL 3119445 (D.S.C. Oct. 22, 2007).
Trademark law does not permit a trademark owner to use its trademark rights to silence commentary and criticism. As with news reporting, courts recognize the important First Amendment values at stake and usually deny efforts by trademark owners to encroach on legitimate commentary and criticism. There are several legal bases for this result: there is no risk of confusion between the commentator and the trademark owner, and nominative fair use may protect this use of the trademark owner's mark. Additionally, courts are likely to find that your use of a trademark in commentary or criticism is "not in connection with a good or service" and "noncommercial" (the argument is especially strong for the latter category). But note that some courts may find your use of a trademark for criticism and commentary to be commercial if you host advertising or link to commercial websites. In any event, to defeat a trademark dilution claim, you do not even need to show that your use is noncommercial. The federal dilution statute creates a categorical exemption for "criticizing . . . or commenting upon the famous mark owner or the goods or services of the famous mark owner." 15 U.S.C. § 1125(c)(3)(A)(ii). 🔥

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