PAULINE HAILWOOD SAYS LITIGATION WAS A "LAST RESORT"

MARBELLA, Spain, October 1, 2001 -- On July 20, 2001, Pauline Hailwood filed a lawsuit in US District Court in Newark, New Jersey, USA, naming Ducati Motor Holding, S.p.A., Ducati North America, and others as defendants for using the name of her late husband, motorcycle racing legend, Mike Hailwood, without permission in connection with Ducati's MH900e motorcycle.

After months of unproductive negotiations with Ducati, who admits they did not obtain permission to use Mike Hailwood's name, Mrs. Hailwood felt she had no option but to pursue a legal remedy. In her statement, Mrs. Hailwood notes that Mike Hailwood never rode the MH900e and that no endorsement was given for use of her late husband's name in connection the MH900e motorcycle.

 

"Mike helped define an era. He was undoubtedly the best racer of all time, both as a person and as a sportsman. Ducati was looking for an icon to sell motorcycles. When someone of his stature is used to sell a product,inescapably, people interpret it as an endorsement. Ducati used Mike's name to draw attention to the bike, and to make money from an implied association when there was none. The MH900e is not a bike Mike ever rode. Regrettably, many people think the bike is replica. It isn't. It is separated by 22 years and a gulf in design and engineering from the bike Mike rode to victory in 1978.

I have been very selective on how Mike's name and image have been used. Clearly, I would not have approved an advertising campaign that states "Somewhere Mike Hailwood is smiling . . . and shifting his Ducati into 6th gear." I have spent two decades mourning Mike and Michelle's tragic deaths. In this, the 20th anniversary year of Mike and Michelle's passing, Ducati did not even have the courtesy to contact me for permission to use Mike's name, much less seek my approval over the way in which Mike's name is used. This is no tribute to Mike. This is corporate greed at its worst.

In 1999, before the MH900e was sold over the Internet, we contacted Ducati about the Mike Hailwood Virtual Museum, and the family's efforts to honor Mike's memory. This was before Ducati announced production of the MH900e. Ducati did not respond. Adding insult to injury, they made no effort to contact me after I made public statements to the motorcycle press objecting to their plans to manufacture the MH900e and labeling it with Mike's name.

This did not have to become a public spectacle. Indeed, we told Ducati over three months ago that we hoped to settle this quietly and amicably. Regrettably, Ducati has been unwilling to come to an agreement to allow for just compensation and respect due Mike or his family. In the end, they said they had the right to use Mike's name. And, by standing up for my rights,they said I had illegally interfered with their business or contractual relations with dealers. Due to Ducati's inability to take responsibility for its actions, I was left with one unfortunate course of action. They gave us very little hope this would ever be resolved otherwise.

It is not the easiest to put yourself in the litigation process. It displeases me greatly that I have to stand up to Ducati in this manner. Litigation is a last resort. But, I feel disappointed that Ducati felt that they could use Mike's name with impunity. As a man, Mike stood for fair play and sportsmanship. I think that somewhere Mike is smiling -- proud that his wife and son are standing up for what is right and proper.

 

The words MIKE HAILWOOD, MIKE THE BIKE, MH, and the phrase FOR THE LOVE OF THE SPORT, are trademarks of the Estate of Mike Hailwood. The likeness, name, and voice of Mike Hailwood are valuable property rights owned by the Estate, in the United States, England, Spain and elsewhere. Use of any of the Estate's trademarks for commercial, as opposed to editorial purposes, without permission is strictly prohibited by law.

 

For more information about Mike Hailwood please visit http//www.mikethebike.com.

 

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Contact: Lloyd J. Jassin

             212-354-4442