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NickdaBrick · 10-02-2001, 08:26 AM

This kind of reminds me of what happened to my cousin Marco. He had an old towershaft Ducati 250 single. One day he told me he wanted to sell it, but he was afraid it wouldn't be worth anything because it had 72,000 miles on it. I told him, "Marco, if you take it to Pasquale at the Ducati dealership and slip him 20 dollars, he'll roll back the odometer for you and then you can get a good price for it." One week later, I saw Marco riding down the road on the same old Ducati. "Hey Marco," I said, "I thought you were going to sell that old thing." "Why should I sell it?" he said. "It's only got 4,000 miles on it."

aminalmutha · 10-02-2001, 09:07 AM

Sounds like someone convinced her that she could make a bunch more money suing Ducati rather than settling with them. Sounds really suspicous since the bike has been out for over a year with no qualms until now. I hope Ducati wins because I can't stand gold diggers, and this sure sounds like one.

baldmtn · 10-02-2001, 09:44 AM

You are about lost aren't you? And seriously misinformed. She has been upset about this from the beginning. Ducati blew her off and didn't even call her before releasing the bike to ask. Imagine what Jordan would do if this happened to him (Hailwood is about that big in Euorpe).

Get the facts straight before spouting out.

aminalmutha · 10-02-2001, 10:09 AM

I don't begrudge anyone of their money, but if the Hailwoods have anywhere near the amount of dough Jordan does, I don't have a whole lot of sympathy. And, according to this article, it says she didn't say anything until April of this year. It also said that Ducati tried to resolve the situation to avoid going to court. Got any to back up your 'straight facts'? You may be right, but how am I supposed to believe you over this and other articles I've read? Try not to get your panties in a bunch.

starvingstudent · 10-02-2001, 10:22 AM

That's a good one...I'll remember it.

tbuse · 10-02-2001, 10:36 AM

Since this suit was brought in the US, Ducati will probably lose. They used someone else's name to sell their product without permission. Well known people "own" the right to use their names and likenesses. This property right extends to the person's heirs. Ducati obviously used Hailwood's name to sell the bike. According to stories published elsewhere (including MCN), Mrs. Hailwood has objected since she first heard about it. Ducati supposedly ignored her. If this goes to court in the US, and the facts are shown to be as alleged by Mrs. Hailwood, Ducati will het hosed, and they should be.

banda · 10-02-2001, 11:14 AM

It's not necessarily about the money. It's also about the control of the name.

The Hailwood family absolutely owns the rights to the use of Mike's name. That means that they have the ultimate say in how that name is used for commercial purposes.

As any patent attorney knows, a trademark must be defended every time it is used without permission. If the Hailwood family didn't defend against this unauthorized use of Mike's name, then they would have no claim against anyone else who used his name. The eventual result would be that if someone wanted to sell Mike Hailwood toilet plungers, or an inflatable Mike Hailwood sex doll, the Hailwood family would be powerless to stop it because they didn't defend the trademark when Ducati used it without authorization.

Mike's widow really has no choice but to take this action against Ducati. Ducati's use of Mike's name is a type of theft, and should not be tolerated.

das · 10-02-2001, 12:12 PM

Does anybody else think that this sort of "if you don't defend it now, you can't defend it later" thinking is completely stupid?

That may be how the system works today, but it seems like somebody ought to be trying to change that.

It's like saying that because I once allowed my best friend to ride my bike without filing legal papers defining this as a specifically approved event, I'm now legally obligated to allow anyone to ride it at any time.

The more I learn about legal issues around trademarks, patents, copyrights and such, the more appalled I become.

jmeyn · 10-02-2001, 12:25 PM

A more publicity savvy company might pay the widow Hailwood somewhat and induce her to help promote the bike to the adoring public. Too late, huh?

das · 10-02-2001, 12:31 PM

Does anybody know what, exactly, Mrs. Hailwood's objections were?

10-02-2001, 08:26 AM	#1
NickdaBrick Founding Member Join Date: Nov 2001 Posts: 214	Re: Ducati Denies Hailwood Trademark Infringement This kind of reminds me of what happened to my cousin Marco. He had an old towershaft Ducati 250 single. One day he told me he wanted to sell it, but he was afraid it wouldn't be worth anything because it had 72,000 miles on it. I told him, "Marco, if you take it to Pasquale at the Ducati dealership and slip him 20 dollars, he'll roll back the odometer for you and then you can get a good price for it." One week later, I saw Marco riding down the road on the same old Ducati. "Hey Marco," I said, "I thought you were going to sell that old thing." "Why should I sell it?" he said. "It's only got 4,000 miles on it."

10-02-2001, 09:07 AM	#2
aminalmutha Founding Member Join Date: Nov 2001 Posts: 105	Re: Ducati Denies Hailwood Trademark Infringement Sounds like someone convinced her that she could make a bunch more money suing Ducati rather than settling with them. Sounds really suspicous since the bike has been out for over a year with no qualms until now. I hope Ducati wins because I can't stand gold diggers, and this sure sounds like one.

10-02-2001, 09:44 AM	#3
baldmtn Founding Member Join Date: Nov 2001 Posts: 3	Re: Ducati Denies Hailwood Trademark Infringement You are about lost aren't you? And seriously misinformed. She has been upset about this from the beginning. Ducati blew her off and didn't even call her before releasing the bike to ask. Imagine what Jordan would do if this happened to him (Hailwood is about that big in Euorpe). Get the facts straight before spouting out.

10-02-2001, 10:09 AM	#4
aminalmutha Founding Member Join Date: Nov 2001 Posts: 105	Re: Ducati Denies Hailwood Trademark Infringement I don't begrudge anyone of their money, but if the Hailwoods have anywhere near the amount of dough Jordan does, I don't have a whole lot of sympathy. And, according to this article, it says she didn't say anything until April of this year. It also said that Ducati tried to resolve the situation to avoid going to court. Got any to back up your 'straight facts'? You may be right, but how am I supposed to believe you over this and other articles I've read? Try not to get your panties in a bunch.

10-02-2001, 10:22 AM	#5
starvingstudent Founding Member Join Date: Nov 2001 Posts: 486	Re: Ducati Denies Hailwood Trademark Infringement That's a good one...I'll remember it.

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10-02-2001, 10:36 AM	#6
tbuse Founding Member Join Date: Nov 2001 Posts: 144	Re: Ducati Denies Hailwood Trademark Infringement Since this suit was brought in the US, Ducati will probably lose. They used someone else's name to sell their product without permission. Well known people "own" the right to use their names and likenesses. This property right extends to the person's heirs. Ducati obviously used Hailwood's name to sell the bike. According to stories published elsewhere (including MCN), Mrs. Hailwood has objected since she first heard about it. Ducati supposedly ignored her. If this goes to court in the US, and the facts are shown to be as alleged by Mrs. Hailwood, Ducati will het hosed, and they should be.

10-02-2001, 11:14 AM	#7
banda Founding Member Join Date: Nov 2001 Posts: 230	Re: Ducati Denies Hailwood Trademark Infringement It's not necessarily about the money. It's also about the control of the name. The Hailwood family absolutely owns the rights to the use of Mike's name. That means that they have the ultimate say in how that name is used for commercial purposes. As any patent attorney knows, a trademark must be defended every time it is used without permission. If the Hailwood family didn't defend against this unauthorized use of Mike's name, then they would have no claim against anyone else who used his name. The eventual result would be that if someone wanted to sell Mike Hailwood toilet plungers, or an inflatable Mike Hailwood sex doll, the Hailwood family would be powerless to stop it because they didn't defend the trademark when Ducati used it without authorization. Mike's widow really has no choice but to take this action against Ducati. Ducati's use of Mike's name is a type of theft, and should not be tolerated.

10-02-2001, 12:12 PM	#8
das Founding Member Join Date: Nov 2001 Posts: 237	Re: Ducati Denies Hailwood Trademark Infringement Does anybody else think that this sort of "if you don't defend it now, you can't defend it later" thinking is completely stupid? That may be how the system works today, but it seems like somebody ought to be trying to change that. It's like saying that because I once allowed my best friend to ride my bike without filing legal papers defining this as a specifically approved event, I'm now legally obligated to allow anyone to ride it at any time. The more I learn about legal issues around trademarks, patents, copyrights and such, the more appalled I become.

10-02-2001, 12:25 PM	#9
jmeyn Founding Member Join Date: Nov 2001 Posts: 780	Re: Ducati Denies Hailwood Trademark Infringement A more publicity savvy company might pay the widow Hailwood somewhat and induce her to help promote the bike to the adoring public. Too late, huh?

10-02-2001, 12:31 PM	#10
das Founding Member Join Date: Nov 2001 Posts: 237	Re: Ducati Denies Hailwood Trademark Infringement Does anybody know what, exactly, Mrs. Hailwood's objections were?