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A Case Of Trademark Enforcement By Polaris Industries


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John White from Crazy Horse Motorcycles sent me (Cyril Huze) an email/letter stating the following “It seems that Crazy Horse’s logo is upsetting the stakeholders at Polaris. I think we sold a total of ten tank logos and perhaps 15 fender logos. I am not sure who is making the risk management decisions at Polaris but they are going to end up exposing their very weak mark to the point of public domain. They just (blip) with the wrong guy…”

 

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A Case Of Trademark Enforcement By Polaris Industries – Indian Motorcycle Against Crazy Horse Motorcycles

Published by Cyril Huze September 21st, 2011 in Builders, Editorial and Events.

 

Trademark rights are protected through registration, maintenance, watching, and enforcement. These precautions, and proper use help preserve the ability of marks to indicate the source of a product or service to consumers.

 

On Monday September 19th, 2011 the Intellectual Property Law Firm of Merchant & Gould in Minneapolis, MN representing Polaris Industries Inc. and its subsidiary Indian Motorcycle International LLC (IMI) contacted Crazy Horse Motorcycles LLC in Kent, Washington for what they consider an Indian Motorcycle Trademark infringement. The subject of this letter is to stop the use by Crazy Horse Motorcycles of an Indian Headdress logo and design used as their corporate logo, tank and fender badges.

 

John White from Crazy Horse Motorcycles sent me an email/letter stating the following “It seems that Crazy Horse’s logo is upsetting the stakeholders at Polaris. I think we sold a total of ten tank logos and perhaps 15 fender logos. I am not sure who is making the risk management decisions at Polaris but they are going to end up exposing their very weak mark to the point of public domain. They just (blip) with the wrong guy…”

 

I am not sure what he means by “Polaris is going to end up exposing their very weak mark to the point of public domain”, but I am pretty sure he is going to explain his arguments in “comments”. I publish below the letter of cease and desist sent to Crazy Horse Motorcycles (minus numerous attachments and exhibits with sketches and drawings) by which Polaris/IMI claims all its Indian Motorcycle trademarks and demonstrate its intent to enforce them. To follow…

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This could get interesting. Crazy Horse isn't some manufacturer of after market Indian parts like say Kuryakyn. They have taken Indian logos & the PP100 engine, tweeked them & are now calling them their own.

 

Cyrill also has copies of the 2 letters Polaris sent to Crazy Horse posted.

Edited by Sam Hayne
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I am sure IMI is shaking in their boots from JWs threat.....in my opinion could not happen to a nicer guy. I have stated forever that I thought his flagrant use of the PP100 motor and its unique look as his own along with some of his other endeavors should be reviewed....I guess it finally is happening.

 

I love that Polaris is going to not only enforce current uses but shore up all the loose strings it appears from the past 50 years and apparently then enter legal agreements with those that wish to continue or that Polaris wishes to allow to continue to build parts and market them as for Indian Motorcycles or representative of the brand.

 

Good work Polaris.... :)

 

 

Just hope some of those long standing Indian supporters that actually do admirable work with strong love of the brand get to continue their marketing and use of logo's.....but would be nice to knock out some of the peripheral users that are only out for themselves and would love nothing more than to see Indian squandered again.Feet-Up[1].gif

Edited by Brock
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Don't get too excited. He's seen these letters before. I'm hoping now that the brand is with a company with far more legal/financial resources, this is only a first step & they can put the issue to bed.

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wonder if kiwi is getting letters?

 

Probably not. The Kiwi/Indian agreement was worked out in court years ago. Not sure how it applies to Polaris, but I don't see why it would've changed.

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welcome Erin.... :)

 

 

nice comment on WHAT YOU RIDE>.....LMAO

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Don't get too excited. He's seen these letters before. I'm hoping now that the brand is with a company with far more legal/financial resources, this is only a first step & they can put the issue to bed.

 

Yep, if you hire a firm like Merchant & Gould, you mean business and are willing to take it to finality. I bet we see more of this, given all the "Indian" shirts, etc. on fleebay that are not "authentic".

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I just found the crazy horse website. the only similarity I can see in the headess is how the feathers stretch out horizontally. I'm not big on the tank badge, but I do think the fender light would look good on my darkhorse if I painted over the blue with black. I'm gonna order me one. if they got them in stock and ready to ship, then thats more than I can say for any part for my indian than I can say for Polaris. :buttrock:

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I just found the crazy horse website. the only similarity I can see in the headess is how the feathers stretch out horizontally. I'm not big on the tank badge, but I do think the fender light would look good on my darkhorse if I painted over the blue with black. I'm gonna order me one. if they got them in stock and ready to ship, then thats more than I can say for any part for my indian than I can say for Polaris. :buttrock:

If you have a lick of respect for the Indian community

and the IIRA you won't give that asshole a penny.

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Pretty sure kawasaki indian drifter is still in production too. Kawa & others probly pay license fees to Indian Owners. With all the money we put into our Indian mc's it's of interest to see how the new owner's will protect The Grand Old Marque.

 

me ride um Centennial

 

cheers

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welcome Erin.... :)

 

 

nice comment on WHAT YOU RIDE>.....LMAO

 

Thanks Brock. Feels good to be able to speak freely here.

and re: what you ride, what exactly is "etc."? :P

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I wasn't aware he had done anything to the iira

 

Those sculpted ornaments are made by Zambini Bros & you can purchase 'em on their website.

 

spot1.gif

 

LINK: Zambini Bros site

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I just found the crazy horse website. the only similarity I can see in the headess is how the feathers stretch out horizontally. I'm not big on the tank badge, but I do think the fender light would look good on my darkhorse if I painted over the blue with black. I'm gonna order me one. if they got them in stock and ready to ship, then thats more than I can say for any part for my indian than I can say for Polaris. :buttrock:

 

HMmmm,

You need a big spoon to help stir that !!

 

:Beer-Chug[1]:

 

Dave

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Thanks Brock. Feels good to be able to speak freely here.

and re: what you ride, what exactly is "etc."? :P

He calls his right hand his mistress. His left hand is his girlfriend. I dunno what ETC is.... Maybe it's a secret acronym... Ethnic Transvestite C***.

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I wasn't aware he had done anything to the iira

 

Wait till a cold winter weekend when you have nothing else to do. Search up anything JW or CH related and start reading.

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drifters were done by '05

 

As usual, me dumber than dirt is right up with current events.

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Those sculpted ornaments are made by Zambini Bros & you can purchase 'em on their website.

 

spot1.gif

 

LINK: Zambini Bros site

 

Doc is correct--got em on my Scout:59782_1577635971342_1548928025_31396654_5090321_n.jpg

59782_1577636011343_1548928025_31396655_4374747_n.jpg

 

Ya, I know, the bike was a little dirty when a took those pics.

 

Otherwise, DR, I made the mistake of buying CH gas caps b/4 I knew all the history--LR filled me in, but by that time it was too late.

 

Picture me at Branson like this hide.gifpaperbag.gif when CH/JW was brought up and I sittin there with the gas caps on my Scout.

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