Harvey's ATV Parts
Since 2011
• New OEM Parts • Aftermarket Replacements •• Family Owned and Operated •Made for riders, designed by riders
Harvey's is a homegrown business started in 2011. It all started with our family's love ofATV/UTV outdoor sports. We believe in quality, the American dream, and having fun with what
we do. Our business started as a way to earn part time college money and it grew into a fullfamily business.
These Mother Clutchers™ are designed to rigorous quality standards by Harvey himself. There
are lots of aftermarket parts houses out there who don’t really know (or care) about what they’reselling. By contrast, our goal is to make a clutch that's better than the original!
.
Harvey’s ATV Parts is the registered trademark holder of the brand name “Mother Clutcher™”
in regard to all sales and distribution of this product. Mother Clutcher™ strictly regulates thedesign, manufacture, advertising, distribution, and sale of its products. Our products are supplied
to us and through us only. It is illegal to import, manufacture, offer for sale, sell, advertise, ordistribute counterfeit or infringing Mother Clutcher™ products.
Applica�on in Cases of Infringement
Harvey’s ATV Parts employs a dedicated security team and brand enforcement inves�gators toensure that their trademarks are not violated. Harvey’s adopts a pro-ac�ve approach tocounterfei�ng of our products and is ac�vely targe�ng individuals, sites, and any businesspremises where counterfeit copies of our products are manufactured, distributed, possessed, orsold.
COMMON QUESTIONS
Q: Why has my lis�ng been removed?

A: Harvey’s ATV Parts is commited to the strict enforcement of its trademarks and otherintellectual property rights. We have requested the removal of your lis�ng because Harvey’s ATV
Parts and its agents have a good faith belief that the merchandise you were oﬀering for sale iscounterfeit or otherwise infringes our trademarks and thus is in viola�on of the law.
Q: How did Harvey’s ATV Parts determine that my lis�ng oﬀered for sale goods that werecounterfeit or otherwise infringing?
A: Due to the nature of eBay and the Internet, this determina�on was based upon thephotograph(s), �tle of the lis�ng and the descrip�on of the goods that you have provided. Ifyour lis�ng was terminated upon our request, we are sa�sﬁed with our determina�on that thisitem is not authen�c.
Q: Why was I allowed to post my lis�ng if it violates the law?
A: The ability to post such auc�ons of infringing merchandise DOES NOT mean that the sale ofsuch merchandise is legal, authorized or does not infringe our trademarks.
Q: Why was my lis�ng removed while many other auc�ons oﬀering “Mother Clutcher™” items
for sale remain up?
A: Due to the nature of eBay, it is impossible to address every lis�ng related to our brand.
This, however, does not mean that because some lis�ngs are not removed, they aren’t also
breaking the law. If you wish to send us lis�ngs that you believe infringe our trademarks, weinvite you to do so.
Q: Why was I not informed directly by Harvey’s ATV Parts before I was reported to eBay?
A: In many cases where an individual is oﬀering mul�ple infringing products for sale then wetry to send a warning e-mail at the same �me as reques�ng withdrawal of your lis�ng. Given
the volume of lis�ngs dealing with Mother Clutcher™; it would be bothimprac�cal and ineﬃcient for us to contact each seller individually in every case.
Q: Can I use the word “Mother Clutcher™” in an lis�ng heading even if I am not selling
MotherClutcher™ item?
A: NO. Harvey’s ATV Parts has a registered trademark for this name, including its use forretail services, and this prohibits the use of our name in rela�on to goods that do not originate
from Harvey’s ATV Parts. Therefore, it is both misleading and infringing to use the trademark“Mother Clutcher™” in an lis�ng �tle or descrip�on because such use may atract buyers whoare searching for authen�c “Mother Clutcher™” goods. Addi�onally, courts have held that thisconfusing prac�ce of en�cing buyers, referred to as “ini�al interest confusion”, is a form oftrademark infringement, even though consumers may ul�mately realize the goods oﬀered forsale in a lis�ng do not originate from “Mother Clutcher™”. This prac�ce is an atempt to exploit
the goodwill associated with our trade names and will not be tolerated.
Q: I believe that the item I am oﬀering for sale is authen�c “Mother Clutcher™” merchandise,
how can I tell?
A: “Mother Clutcher™” is not willing to disclose the speciﬁca�ons of genuine merchandise so
as to prevent this informa�on from reaching manufacturers of counterfeit merchandise. We canassure you, however, that all authen�c “Mother Clutcher™” products are made using superiormaterials, quality, and workmanship. The ONLY way to ensure that you have purchased anauthen�c “Mother Clutcher™” product is to purchase it directly from Harvey’s ATV Parts eBay
page, Amazon page, or our own website.
Q: Why is Harvey’s ATV Parts concerned with my sale of a single piece of unauthorized
product?
A: Harvey’s ATV Parts takes all maters of infringement seriously regardless of the quan�ty ofitems listed for sale. We cannot grant excep�ons to anyone simply because the infringement
concerns only one or two items.
Q: What if I was unaware that the merchandise, I was selling was not an authen�cMotherClutcher™ product?
A: Ignorance of the law or innocent intent is not a defense against trademark viola�ons. The law
maintains that it is YOUR responsibility to ensure that your ac�vi�es do not in any way violate
the intellectual property rights of others otherwise, you will subject yourself to liability whichcannot be avoided by claiming ignorance.