How did Aero get the Highwayman name from Lewis Leathers ?

[hpalapdog]

Lewis Leathers seemed to have used the name for at least 2 decades. The tag in the 1970's Bronx has the R in circle logo which I assumed meant a registered trade name ?

I seem to recall Ken Calder had a shop in Battersea in London during this era and might of seen the name.

 

[Sloan1874]

This was settled in this court case: http://www.ipo.gov.uk/o21605.pdf

 

[aswatland]

This is indeed very interesting. The Highwayman name existed long before Aero came into existence. In the 1950s the Elizabeth Radley Leather Company made Lewis Leather jackets. It was re-named Highwayman in the early 1960s and they produced MC jackets under the Highwayman name as well as others for Lewis Leathers. I'm not sure who owns the rights to the name these days.

 

[aswatland]

This was settled in this court case: http://www.ipo.gov.uk/o21605.pdf

The records of the court case are interesting in that there is no mention of the Highwayman leather clothing brand from the early 1960s. Perhaps the TM had lapsed when Highwayman went out of business? Can you enlighten us Craig as you seem to have insider knowledge?

 

[rocketeer]

The photo, from a Japanese book no doubt, appears to read "Bronx type by Highwayman. Obviously added by the book/magazine author. From the days when copyright was not such a big thing I would guess. The Jacket may appear to be a Bronx but did Highwayman have their own name for this design?
Though they stand side by side during the 1960s as producers of bike jackets I would think they are two separate businesses companies with items made by the same outworker[As per Andrews note]
Aero's new Rivetts Highwayman for example, Rivetts of Leytonstone usually outsourced their own jackets or had a label added. I have had lots of bike jackets over the years including Rivetts Highwayman and Rivetts Champion(their most common jacket), eventually they sold most modern makes, Dainese, Frank Thomas, Alpinestars etc.
If Ken grabbed the name as it was unused or out of copyright, good luck to him. A bit like Gary Eastman using Roughwear and all those I suppose.
Just my 10 bobs worth
J

 

[Sloan1874]

Dunno about insider knowledge, the court case doc was posted by Dr H during a similar discussion back at the turn of last year.
If my memory serves me correctly, the case boiled down to Lewis trying to a register trademark for something they had not previously owned the rights to - the Highwayman name. It wasn't a renewal of a right that was lapsed, it was a fresh claim of ownership and the case fell down because there was an absence of evidence to prove the claim, and Aero's legal ownership of the name was asserted.
I can only imagine that Lewis saw that the name was selling well for Aero, had sold Rivett's jackets in its shop back in the day, and felt that this was enough for them to claim a right by association or something [huh].
The Highwayman name had belonged to Rivetts going way back, but I'm as far as I know, they gave up ownership some time during the 70s. Maybe somebody can tell us what the fate of Rivetts of Leytonstone and why they let the name lapse?

 

[hpalapdog]

The photo, from a Japanese book no doubt, appears to read "Bronx type by Highwayman. Obviously added by the book/magazine author. From the days when copyright was not such a big thing I would guess. The Jacket may appear to be a Bronx but did Highwayman have their own name for this design?

It's from Free and Easy magazine issue 12. I picked it up in Tokyo in 2001 the year it was published. The photos are from the 4 page spread about Lewis Leathers including a visit to their London workshop in the Greenheath business Centre at that time. They also visited Aero whilst in the UK. Unfortunately my Japanese is so poor I can't translate it !

The Bronx jacket being sold by Lewis and tagged with the Aviakit brown label was apparently launched in 1956.

http://en.wikipedia.org/wiki/Lewis_Leathers

 

[Sloan1874]

Perhaps Ishmael can help with translation!

 

[rocketeer]

It's from Free and Easy magazine issue 12. I picked it up in Tokyo in 2001 the year it was published. The photos are from the 4 page spread about Lewis Leathers including a visit to their London workshop in the Greenheath business Centre at that time. They also visited Aero whilst in the UK. Unfortunately my Japanese is so poor I can't translate it !

The Bronx jacket was apparently launched in 1956

http://en.wikipedia.org/wiki/Lewis_Leathers

Shame it could not be cut and pasted into an online translator. That could prove interesting, would probably read something like: 'Jacket for motorcycle riding named Bronx like Lewis Leathers but similar as made by Highwayman with label'

 

[Baron Kurtz]

From what I can see Rivett's is still a trading concern (http://www.rivetts.co.uk), and there is a motorcycle shop on Leytonstone High Road at about the right place, but it's on the other side of the street, called "Double R".

It was always my understanding that "Highwayman" had been a Regd TM but it had lapsed and the name had been re-registered by Aero. But that was always just knowledge from the forums, which is notoriously unreliable (sorry guys, but it's the truth!)

Who knows?

 

[hpalapdog]

So, who was selling jackets with this tag in, perhaps the makers themselves by mail order ?



Lewis over the years seem fairly consistent tagging with their own label . See the early Bronx mk 1 with brown Aviakit label at the bottom.

 

[Edward]

Trade marks are dependent upon use. An unregistered mark, in case of a dispute, will belong to whomever has the public "goodwill" in the name. Someone not actively using it will lose it, even if they had it first. Registered Marks must be regularly renewed: once every ten years, to retain the registered TM status. In this case, it seems the original company allowed the name to lapse, but it was still sufficient to meet rtm standards when Aero registered it. Far from the first time this has happened.

Given that a court has confirmed that Aero legitimately hold the rtm in "Highwayman" (in the relevant category/categories), it would be wise to avoid terms like "purloined", which imply unlawful acts.

 

[Sloan1874]

Given that a court has confirmed that Aero legitimately hold the rtm in "Highwayman" (in the relevant category/categories), it would be wise to avoid terms like "purloined", which imply unlawful acts.

Exactly.

 

[Plumbline]

The court case as I recall hinged on Derek ( lewis Leathers) claiming that Aero could not use the term Highwayman in the description of the legendary Aero Jacket as the Highwayman Co. ( which Lewis Leathers Purchased ) had rights to this name in the context of leather jackets ... Derek lost and Aero were entitled to use the Highwayman name. It was quite a decision at the time as if it had gone the other way then the Highwayman jacket as we know it would not now be called that ... it could be acalled a .... dunno ... "Roadster" maybe

Equally you can understand Derek's frustration given the success of the Highwayman it was ( some may suggest) the jacket on which Aero built their reputation. I spoke to him about this many years afterwards and he was still quite adamant that the decision was incorrect and that the Highwayman Co. had the legitimate right to the name. Anyway it's ancient history and done and dusted .... decision given ... nothing to see here !

Not sure about the company logo and label ( and wether Aero have the rights to use that in their 2014 jacket ) but I presume Ken and Co. have checked this with the legal eagles and are comfortable ....... but Aero certainly have the right to use the name Highwayman for their jacket.

I've had a few Highwayman jackets and also more than my fair share of Mascots ... by modern standards and also the standard of many of the reporo manufacturers today they were pretty poor jackets TBH ( much though it pains me to say so .... given that they were "British" bike jackets )

 

[Edward]

Mn, there's a lot of misplaced nostalgia surrounding a lot of the old British jackets, that's for sure. I handled a hell of a lot of them back in the early 2000s, looking for the "right" Dr Frank'n'Furter (memory suggests that Tim Curry's jacket was a Sixties Lewis - there are photos where it appears to have the raise oval leather Lewis Leathers chest badge/patch - though we never quite agreed on a final model. Looked like a fringed Corsair with no epaulettes to me, but hey ho). Many of them, even the big names like Lewis, were a bit ropey; many were perfectly okay, but few were close to that standard that Aero will be producing these days. I've not handled a new Lewis in a long time, but I'd be willing to bet they too are better-made jackets than they were in their heyday. Likely relatively more expensive too, which might account for that in part!

It's the same old story, all of it, really. "Mosrite of California" guitars have been made in Japan for the last twenty odd years.... they have nothing whatever to do with the original Mosrite company, just another case of a company legitimately using a mark and design that had long become defunct.... and in truth they're probably far superior instruments too.

 

[aswatland]

Edward you have made a valid point about the quality of some vintage MC jackets compared with modern renditions of them. I too have seen some inferior quality Lewis Leather jackets, but also some top quality ones. My 1966 twin track Bronx is superbly made as is my 1959 Bronk





Recently I bought a new Bronx from LL in seal brown hide and the quality is just superb. I will post some pictures of this jacket shortly.

 

[Smithy]

Mn, there's a lot of misplaced nostalgia surrounding a lot of the old British jackets, that's for sure. I handled a hell of a lot of them back in the early 2000s, looking for the "right" Dr Frank'n'Furter (memory suggests that Tim Curry's jacket was a Sixties Lewis - there are photos where it appears to have the raise oval leather Lewis Leathers chest badge/patch - though we never quite agreed on a final model. Looked like a fringed Corsair with no epaulettes to me, but hey ho). Many of them, even the big names like Lewis, were a bit ropey; many were perfectly okay, but few were close to that standard that Aero will be producing these days. I've not handled a new Lewis in a long time, but I'd be willing to bet they too are better-made jackets than they were in their heyday. Likely relatively more expensive too, which might account for that in part!

It's the same old story, all of it, really. "Mosrite of California" guitars have been made in Japan for the last twenty odd years.... they have nothing whatever to do with the original Mosrite company, just another case of a company legitimately using a mark and design that had long become defunct.... and in truth they're probably far superior instruments too.

Edward, whilst I bow to your legal acumen and I know it's entirely legally defensible, it's probably that for many laypeople, the idea that a company can use a previously used trademark or product name is slightly confusing.

I'm not saying it's wrong but it's one of those parts of corporate law which (anyway is close to black magic for many) and for non-legal types has a little bit of riding on other's coattails. Doesn't worry me but I can understand where some of the furrowing of brows comes from.

One thing which I do think is a shame is how John can't put the Aero Leather Co. of Beacon NY name on his repros of that company's A-2 contracts. I understand why but just think it's a shame for someone who is making such a concerted effort to make such absolute facsimiles of period jackets.

 

[thor]

Edward, whilst I bow to your legal acumen and I know it's entirely legally defensible, it's probably that for many laypeople, the idea that a company can use a previously used trademark or product name is slightly confusing.

I'm not saying it's wrong but it's one of those parts of corporate law which (anyway is close to black magic for many) and for non-legal types has a little bit of riding on other's coattails. Doesn't worry me but I can understand where some of the furrowing of brows comes from.

One thing which I do think is a shame is how John can't put the Aero Leather Co. of Beacon NY name on his repros of that company's A-2 contracts. I understand why but just think it's a shame for someone who is making such a concerted effort to make such absolute facsimiles of period jackets.

Smithy I totally agree. I wonder about the original manufacturers of the Navy's M-422 jacket, Switlik Parachute Company and Willis&Geiger. If JC wanted to replicate these rare original contract jackets, there could be some legal conflict over the label since Switlik is still around (making marine, aviation and military survival equipment) and the W&G name (and trademark?) is owned by the Lands End Clothing company.

 

[Superfluous]

Smithy I totally agree. I wonder about the original manufacturers of the Navy's M-422 jacket, Switlik Parachute Company and Willis&Geiger. If JC wanted to replicate these rare original contract jackets, there could be some legal conflict over the label since Switlik is still around (making marine, aviation and military survival equipment) and the W&G name (and trademark?) is owned by the Lands End Clothing company.

Some jacket manufacturers license the right to use labels that replicate the original. For example, RMC licenses the right to replicate the Buco label.

 

[thor]

Some jacket manufacturers license the right to use labels that replicate the original. For example, RMC licenses the right to replicate the Buco label.

Ah, thanks for that info! I hope that's the case; would love to see JC's versions of both a W&G and Switlik M-422 jacket!!!!