We are a motorcycle parts and accessory on line store and have created a logo that uses a bar and shield but with a few minor changes. Our name is in the logo and does not mention Harley Davidson at all. Would this infringe on Harley's logo?
Here is a link to our Facebook page that shows the logo.
http://facebook.com/tourpaks
Clearly it does. You're in the motorcycle parts business and you've "developed" a logo which just happens to use, out of all the possible shapes and designs you could have chosen, a bar and a shield, the same shapes and "trade dress" as those in the logo of Harley-Davidson, the most famous motorcycle company in the world.
It's not really possible to evaluate how much your logo infringes theirs without seeing them side by side, but since it sure sounds like you did this so you'd remind consumers of them when they saw your logo, and maybe confuse some consumers, even though your company's name is different, it's a very good bet that your logo does infringe on their rights.
Choosing a viable and available trademark is a big decision, and the wrong decision can cost you a lot of time, money, re-branding effort, and legal fees. If this is what you came up with, you need to go back to the drawing board and you definitely need to enlist a TM lawyer for guidance.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
With all due respect to Attorney Koslyn, in my opinion, it is impossible to say that your logo clearly infringes H-D's logo without actually seeing your logo. Now, based on your description ("a few minor changes"), the fact that there are no other shield & bar logos registered for motorcycles or related goods, and H-D's reputation for protecting its trademarks, if you were to start using that logo and H-D found out about it, you would very likely find your self on the receiving end of a lawsuit.
Before you proceed further, you should meet with a trademark attorney in your area to discuss the specifics of your logo. In any business, it is advisable to consult with an attorney on intellectual property matters before too much is invested in branding.
Disclaimer: This answer does not constitute legal advice and does not create an attorney-client relationship. You should not rely on this answer to resolve your particular legal issue, since different laws are applicable in each jurisdiction, and each set of facts are specific to a particular situation. As with any legal question, you should consult with an attorney licensed in the appropriate jurisdiction to evaluate your particular legal problem following a comprehensive consultation and review of all the facts and documents.
Your logo cannot look confusingly similar to the SHAPE of this logo: http://goo.gl/wVyh8 [this is the nondescript shape of the Harley Davidson logo -- note that neither the words "Harley Davidson" nor its color scheme are part of the mark. Which means that the mere shape of Harley Davidson's logo serves as one of its federally registered trademarks].
I don't know why this similar mark [ http://goo.gl/sjCWw ] was registered in light of the Harley Davidson mark. But were I you I would not take comfort that this other mark exists and is registered -- from your perspective you now have to worry about infringing TWO registered marks.
I join both of my colleagues in strongly recommending that before you do any more design work on a logo for your business that you discuss this matter with your own trademark attorney.
No attorney can give you a definitive answer on this issue without reviewing your logo, comparing it with trademarks owned and used by Harley Davidson, understanding your business and the extent to which it offers goods and services that compete with Harley Davidson, and then providing you an analysis of the risks and benefits that you face. It is quite possible that your logo would not infringe, but is also quite possible (perhaps even likely) that it would.
I am not a motorcycle guy so I really do not know how famous the Harley Davidson logo is and whether it uses a bar and a shield. But if the design was chosen in part with the hope that potential customers would associate you with Harley Davidson in any way, then chances are you cannot use this design. I can tell you from reading the case law that Harley Davidson aggressively protects its intellectual property rights--this is not a company you want to mess with. If, for example, Harley Davidson licenses use of its logo and name to certain dealers, and you are not one of them, you would clearly face a law suit if the logo that you use might make some customers believe your were an authorized Harley Davidson dealer.
But the advice that you receive on web-sites such as this is general and preliminary--it should not be relied upon to make important business decisions like this. I know that many people use this site to obtain free legal advice, but a company in your business really needs to have intellectual property counsel on retainer. You are going to continually face issues like this, and it will cost you a lot of money if you make legal mistakes.