As Jimmy Coulbourne puts it, it's like a singer taking down his own fan club.

On Monday, the 36-year-old Delaware man changed the name of his biker social-networking site from HarleySpace.com to IronRides.com after the Milwaukee-based motorcycle manufacturer, with operations in Springettsbury Township, argued trademark infringement earlier this year.

It argued the domain name's use of the word "Harley," combined with logos of orange and black, constituted, among other things, "cybersquatting" - an ill-willed practice of registering domain names with intent to profit off someone else's copyright.

"They said I was trying to profit off their name," Coulbourne said. "HarleySpace isn't their name. It's Harley-Davidson. If they think they own HarleySpace, why didn't they own HarleySpace?"

Coulbourne, one-time rider of a 2003 Harley-Davidson SuperGlide, bought the domain name two years ago, he said, hoping to connect fellow hobbyists for banter and meet-ups.

"Harley is one of my favorite motorcycle brands," he said. "The passion that follows that brand is one that I embrace. I just wanted to target that lifestyle."

But the more-than-century-old company doesn't take chances with its brand, one of the world's most identifiable, said spokesman Bob Klein.

"The term 'Harley' is among numerous company registered trademarks that may not be used for commercial purposes without our permission, when used in conjunction with motorcycles or motorcycle-related matters," he added.

For Coulbourne, the story begins in the early 2000s. Then, the self-taught web developer began registering domain names targeting niche communities.

"I woke up one morning," he said, "and went on a site-building rampage."

His most successful, he said, is CamoSpace.com, a social network for outdoorsmen that boasts more than 60,000 members.

HarleySpace.com was this year's project. It included forums, a members' map for riders to plot their locations, and a disclaimer stating the site's independence from the iconic brand.

Within two months, he said, more than 800 accounts were registered on his site.

This drew the attention of Harley-Davidson's "global brand protection" unit, which sent him a letter of warning:

"Your use of our trademark in the above-identified manner is likely to cause confusion, mistake or deception in the marketplace, in that consumers are likely to believe that your web site is somehow affiliated with, sponsored, or approved by Harley-Davidson, when this is not the case."

Coulbourne didn't see it that way.

"They'll never convince me that my members are foolish enough to think this site is owned by Harley," he said. "Their lawyer said they have similar products in the works. They're probably up to something. Maybe I beat them to the punch."

Fritz Clapp, the self-proclaimed "lawyer from hell," worked pro bono for Coulbourne, who, initially, planned to fight the case.

"He's not competing with Harley to sell motorcycles or anything having to do with motorcycles. He's running a social website," Clapp said. "Might doesn't make right."

Clapp represents the Hells Angels Motorcycle Club in intellectual property cases. He said the Harley brand - specifically its bar and shield logo - is imitated "all over the place."

On March 16, Clapp received a "cease and desist" letter from a Harley attorney reiterating the same points.

Harley's persistence, Coulbourne said, got him thinking - a name change might not be so bad.

"I had a few people join the site who ride other brands. Harley's only a small portion of the motorcycle market. I'm shutting people out," he said.

Plus, Coulbourne, who operates a shopping center maintenance business, knew he wouldn't have the resources to take on the motorcycle giant.

So IronRides.com was born.

It's a "good functioning website. People will join it. It doesn't matter the name," he said.

"I just felt like Harley was shoving their nose up at me," he added. "They wouldn't even talk to me. I'm a human being, and they wouldn't even pick up the phone to discuss my ideas, my thoughts. Anything."

[HT - YDR]

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