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Hey Guys,

I filled out the Indian Motorcycle Licensing request form on their website. I have a few ideas for products that I wanted to produce using the Indian name and logos. I received an answer today.

"With regards to other products, we currently offer a widening range of gift accessories that are sold exclusively through the Indian Motorcycle dealer network so we would not be looking to offer these categories under license."

It is, of course, well within their rights to exclude whomever they choose but I don't really understand why they even put this form on the website in the first place. They clearly have no desire to offer licensing outside of their network.

Anyway, I was also warned about my website. They claimed that I am selling "Indian branded products", that they are "not authorized" and that I must remove them immediately.

I explained that I am not producing the medallions that contain the name and logo, that I purchase them from Indian Motorcycle dealers at full retail cost and add them to the product I produce. I do not believe I am in violation of trademark rights anymore than someone who buys a branded product and then offers it for sale on eBay.

I am awaiting a response but in the meantime, I added a disclaimer to the site stating that the price of the Arrowhead Seat Bolt Cover remains the same regardless of whether a pin is included or not. I am not and never have been selling the pin itself at a profit.

I plan to remove the image of the Indian name and logo from the pictures as soon as I can.

Now, I have a new plan! I explained to the gentleman at Indian that I did not want to cause any problems. Having heard my explanation, if he still feels that I am in violation of trademark rights, I will no longer purchase the pins from the Indian Motorcycle dealers and use a pin of my own copyrighted and trademarked creation.

I am very open to ideas if anyone would like to share. Any images I use must be original, licensed or otherwise free from copyright.

Once again, thank you all for your support and kind words. You are truly an awesome group of folks. ;)
 

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You know Dave...if they still say you are in violation of trademark....I think it is time for those of us here to send letters to Indian/Polaris to let them know about our displeasure at their attitude.
This is why I always, if I can afford to do so, buy stock in any company I do business with. This gives me the attention of Investor Relations and a bit more access to the warm bodies within Indian/Polaris.

I will start drafting a letter tomorrow to let them know I personally don't appreciate the treatment they are giving entrepreneurs who do things the right way only to get slapped down.

Semper Fi,
Z
 

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Hey Guys,

I filled out the Indian Motorcycle Licensing request form on their website. I have a few ideas for products that I wanted to produce using the Indian name and logos. I received an answer today.

"With regards to other products, we currently offer a widening range of gift accessories that are sold exclusively through the Indian Motorcycle dealer network so we would not be looking to offer these categories under license."

It is, of course, well within their rights to exclude whomever they choose but I don't really understand why they even put this form on the website in the first place. They clearly have no desire to offer licensing outside of their network.

Anyway, I was also warned about my website. They claimed that I am selling "Indian branded products", that they are "not authorized" and that I must remove them immediately.

I explained that I am not producing the medallions that contain the name and logo, that I purchase them from Indian Motorcycle dealers at full retail cost and add them to the product I produce. I do not believe I am in violation of trademark rights anymore than someone who buys a branded product and then offers it for sale on eBay.

I am awaiting a response but in the meantime, I added a disclaimer to the site stating that the price of the Arrowhead Seat Bolt Cover remains the same regardless of whether a pin is included or not. I am not and never have been selling the pin itself at a profit.

I plan to remove the image of the Indian name and logo from the pictures as soon as I can.

Now, I have a new plan! I explained to the gentleman at Indian that I did not want to cause any problems. Having heard my explanation, if he still feels that I am in violation of trademark rights, I will no longer purchase the pins from the Indian Motorcycle dealers and use a pin of my own copyrighted and trademarked creation.

I am very open to ideas if anyone would like to share. Any images I use must be original, licensed or otherwise free from copyright.

Once again, thank you all for your support and kind words. You are truly an awesome group of folks. ;)

Dave T.

I'm not a lawyer and wouldn't presume to give you any advice...other than to either comply immediately or hire yourself a lawyer.

You have received a "friendly warning". I'm afraid that if you fail to comply their next communications with you may put you in a box that you don't want to be in.
I don't like this any more than you do but how we feel about it is of no never mind. You have been told no, and no means no.

I very seriously doubt they are going to entertain your explanations. They do this type of thing for a living. Their lawyers will draw a paycheck whether they are lighting a fire under you or not.
Another way of looking at this is that if it not worth your time and expense for you to hire legal counsel and do it right, then it probably ain't really worth doing anyway.

But....I am curious about something....
Did you fill out the licensing agreement before they contacted you about your website?
I ask as I am curious what tripped them into looking at your website.
Was it your application or was your application for licensing completed after they bounced your website?
 

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Hey Guys,

I filled out the Indian Motorcycle Licensing request form on their website. I have a few ideas for products that I wanted to produce using the Indian name and logos. I received an answer today.

"With regards to other products, we currently offer a widening range of gift accessories that are sold exclusively through the Indian Motorcycle dealer network so we would not be looking to offer these categories under license."

It is, of course, well within their rights to exclude whomever they choose but I don't really understand why they even put this form on the website in the first place. They clearly have no desire to offer licensing outside of their network.

Anyway, I was also warned about my website. They claimed that I am selling "Indian branded products", that they are "not authorized" and that I must remove them immediately.

I explained that I am not producing the medallions that contain the name and logo, that I purchase them from Indian Motorcycle dealers at full retail cost and add them to the product I produce. I do not believe I am in violation of trademark rights anymore than someone who buys a branded product and then offers it for sale on eBay.

I am awaiting a response but in the meantime, I added a disclaimer to the site stating that the price of the Arrowhead Seat Bolt Cover remains the same regardless of whether a pin is included or not. I am not and never have been selling the pin itself at a profit.

I plan to remove the image of the Indian name and logo from the pictures as soon as I can.

Now, I have a new plan! I explained to the gentleman at Indian that I did not want to cause any problems. Having heard my explanation, if he still feels that I am in violation of trademark rights, I will no longer purchase the pins from the Indian Motorcycle dealers and use a pin of my own copyrighted and trademarked creation.

I am very open to ideas if anyone would like to share. Any images I use must be original, licensed or otherwise free from copyright.

Once again, thank you all for your support and kind words. You are truly an awesome group of folks. ;)
Dave T.

I'm not a lawyer and wouldn't presume to give you any advice...other than to either comply immediately or hire yourself a lawyer.

You have received a "friendly warning". I'm afraid that if you fail to comply their next communications with you may put you in a box that you don't want to be in.
I don't like this any more than you do but how we feel about it is of no never mind. You have been told no, and no means no.

I very seriously doubt they are going to entertain your explanations. They do this type of thing for a living. Their lawyers will draw a paycheck whether they are lighting a fire under you or not.
Another way of looking at this is that if it not worth your time and expense for you to hire legal counsel and do it right, then it probably ain't really worth doing anyway.

But....I am curious about something....
Did you fill out the licensing agreement before they contacted you about your website?
I ask as I am curious what tripped them into looking at your website.
Was it your application or was your application for licensing completed after they bounced your website?
 

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Discussion Starter #5
Dave T.

I'm not a lawyer and wouldn't presume to give you any advice...other than to either comply immediately or hire yourself a lawyer.

You have received a "friendly warning". I'm afraid that if you fail to comply their next communications with you may put you in a box that you don't want to be in.
I don't like this any more than you do but how we feel about it is of no never mind. You have been told no, and no means no.

I very seriously doubt they are going to entertain your explanations. They do this type of thing for a living. Their lawyers will draw a paycheck whether they are lighting a fire under you or not.
Another way of looking at this is that if it not worth your time and expense for you to hire legal counsel and do it right, then it probably ain't really worth doing anyway.

But....I am curious about something....
Did you fill out the licensing agreement before they contacted you about your website?
I ask as I am curious what tripped them into looking at your website.
Was it your application or was your application for licensing completed after they bounced your website?
Hey BD,

I have every intention of complying. As I said on another forum, I do not need to use their pins. There are countless options. Less costly ones I might add.

To answer your quesiton, your website address is a required field when filling out the licensing form. The email I received was in response to the form with reference to my website.

Again, it's not a big deal really. I think the person who wrote me is wrong and someone higher up the food chain might see that...might. It matters not. I will just remove the images showing anything Indian.



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Hi Dave,
Polaris is a big company and if they don't want you to use their pins, well stop using them ASAP. If they go after you it will cost you a lot of money, and you can be sure you will be on the losing end.
You asked for suggestions, possibly a nice feather going down the lenght of the flat (top) portion of the arrow head. It could be made of the same material as the arrowhead or some other material, possibly something painted to make it stand out from the arrowhead.
Good luck.
 

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Again, it's not a big deal really. I think the person who wrote me is wrong and someone higher up the food chain might see that...might. It matters not. I will just remove the images showing anything Indian.
Congrats, Indian legal dept. you just lost a great opportunity for positive publicity, relatively free brand placement, and the chance to distinguish yourself from that other major manufacturer. Instead, you just come off making the company look like the usual bunch of asshats we have to deal with on a daily basis. People like that are why I ride to escape to begin with. Shortsighted and self defeating.
 

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The steam in this engine comes from the franchise agreements they have with their dealer body. Independent small businessmen who invest hundreds of thousands of dollars for the right to handle Indian branded merchandise. That comes with the franchise.

Paparog mentions using a feather and I like that idea.

My idea is to make up a slim LED strip of stop lights that are motion activated and totally self contained ...battery operated like the flashing lights that joggers use. That seat mount is in the perfect spot for a gizmo like this. A micro switch would activate when it sensed the deceleration or brake application on the bike...Totally self contained, bolted to the bike with that one screw. Slim line to fall below the passenger seat, close to the fender but still in the line of vision to a following car.

These Indians simply don't have enough lighting on the rear end.

Get completely away from any Indian theme and you will be beyond their greedy grasp.

My advice anyway.
 

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Hey Dave, that mean the Special' that I purchased from you will become a collectors item? :)

I have an idea also. How about a turquoise insert? Or other fake/real stone to coordinate with the bike finish? I have actually been looking for a turquoise replacement as a backup.

Understand the minor frustration though. Too bad. But I know you will overcome and succeed. You're a good soul.
 

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Texas Hill Country
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Hey Dave, that mean the Special' that I purchased from you will become a collectors item? :)

I have an idea also. How about a turquoise insert? Or other fake/real stone to coordinate with the bike finish? I have actually been looking for a turquoise replacement as a backup.

Understand the minor frustration though. Too bad. But I know you will overcome and succeed. You're a good soul.
Boy howdy, a beautiful piece of Sleeping Beauty turquoise on a gold arrow head. Very classy.
 

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I had copyright issues with Honda and Harley for years when I had a T-Shirt business that sold shirts with images of motorcycles on them. Got numerous emails, certified letters, etc. Bottom line they never pursued me any further. Not sure there's much to gain by taking a small-potatoes company to a court battle. Obviously they'd win simply because the little guy can't afford the fight, but it also costs them money to pursue in that manner and to what end? Getting rid of 10's of thousand dollars in business that is not in competition with them? Probably not worth it just to defend their copyright. BUT, they could pursue it should they choose. As long as you use the Indian name, logos and/or images of Indian products you are susceptible to them coming after you. Remember that even if you're NOT in violation of their copyright by law, can you afford 10's of thousands to weather a court battle? They surely can afford to defend if they choose. Good Luck.
 

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The steam in this engine comes from the franchise agreements they have with their dealer body. Independent small businessmen who invest hundreds of thousands of dollars for the right to handle Indian branded merchandise. That comes with the franchise.

Paparog mentions using a feather and I like that idea.

My idea is to make up a slim LED strip of stop lights that are motion activated and totally self contained ...battery operated like the flashing lights that joggers use. That seat mount is in the perfect spot for a gizmo like this. A micro switch would activate when it sensed the deceleration or brake application on the bike...Totally self contained, bolted to the bike with that one screw. Slim line to fall below the passenger seat, close to the fender but still in the line of vision to a following car.

These Indians simply don't have enough lighting on the rear end.

Get completely away from any Indian theme and you will be beyond their greedy grasp.

My advice anyway.
You may want to look at this license plate frame that has LEDs on it that are activated by an accelerometer. Vololights Brakeless Deceleration Indicator for Motorcycles
 

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Discussion Starter #13
Hey Dave, that mean the Special' that I purchased from you will become a collectors item? :)

I have an idea also. How about a turquoise insert? Or other fake/real stone to coordinate with the bike finish? I have actually been looking for a turquoise replacement as a backup.

Understand the minor frustration though. Too bad. But I know you will overcome and succeed. You're a good soul.
Really good idea! Thank you. I will follow up on this.


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I have no ill feelings toward Polaris at all! I believe the gentleman who went to my website saw the Arrowheads as an Indian branded product and sent the curt email. I have now added a HUGE disclaimer stating they are NOT Indian branded products, that the photos simply show and example of what a customer can use to cover the bolt access hole and that the genuine Indian pin/medallion will be included free with purchase of the Seat Bolt Cover.
I still plan to move away from using their pins altogether. I don't need or want the hassle.


Sent from my iPad using Tapatalk
 

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I have no ill feelings toward Polaris at all! I believe the gentleman who went to my website saw the Arrowheads as an Indian branded product and sent the curt email. I have now added a HUGE disclaimer stating they are NOT Indian branded products, that the photos simply show and example of what a customer can use to cover the bolt access hole and that the genuine Indian pin/medallion will be included free with purchase of the Seat Bolt Cover.
I still plan to move away from using their pins altogether. I don't need or want the hassle.


Sent from my iPad using Tapatalk
For only $79.95 you can obtain the coveted Big Daddy Enterprises Seal of Approval that comes complete with the laminated wallet card Certificate of Authenticity.

You whip this shit on the Indian Motorcycle Legal team and they will recognize that they ain't dealing with some light weight nit wit.

I'm just sayin...it's there if you need it.
 
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I have no ill feelings toward Polaris at all! I believe the gentleman who went to my website saw the Arrowheads as an Indian branded product and sent the curt email. I have now added a HUGE disclaimer stating they are NOT Indian branded products, that the photos simply show and example of what a customer can use to cover the bolt access hole and that the genuine Indian pin/medallion will be included free with purchase of the Seat Bolt Cover.
I still plan to move away from using their pins altogether. I don't need or want the hassle.


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Sounds like a plan:)
 

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For only $79.95 you can obtain the coveted Big Daddy Enterprises Seal of Approval that comes complete with the laminated wallet card Certificate of Authenticity.

You whip this shit on the Indian Motorcycle Legal team and they will recognize that they ain't dealing with some light weight nit wit.

I'm just sayin...it's there if you need it.
I might be intereseted in one of those BD. Will it get me through airport security? o_O
 
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