Indian Wars of 1991

Indian Wars of 1991

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CIRCLE THE WAGONS! THE INdian, one of the most revered marques in motorcycling, looks as though it may once more be on the warpath. One problem that remains to be solved, however, is that restorers, enthusiasts and businessmen involved in rejuvenating the redskin disagree about who has the rights to the Indian name.

The most visible effort to revive Indian is being made by the team of Carmen N. De Leone and Philip S. Zanghi. Leone, of California, who did not respond to Cycle Worlds requests for an interview, is said to have purchased the trademark to the Indian name. And Zanghi, who describes himself as an international businessman with headquarters in Spain, says he and De Leone now share ownership in what he described as “the federally registered trademark, Indian Motorcycle.” He also says that he has acquired the rights to the name “Indian Motocycle Co. Inc.,” and that he has a vintage, 38,000-square-foot building in Springfield, Massachusetts, a block from the site of the original Indian factory.

In that building, Zanghi said, workmen will accomplish final assembly of a limited run of 100 80cubic-inch Indian Chiefs similar to those built in 1952 and l 953. the last years of production for the legendary V-Twin. Those bikes, all of which Zanghi says already have been spoken for at $ 100,000 a pop. will be built from upgraded replica parts hung

on. and around. remanufactured Chief frames, engine A and transmission cases, forks and fuel tanks, by Perris, California, Indian restorer Bob Stark, who told CW the bikes will be registered as brand-new 1991 Indians.

Zanghi says deposits totaling $2.5 million are in escrow from the buyers of the 100 bikes, all of whom, he says, are wealthy Europeans. Zanghi further claims he has invested approximately $900.000 in the project, including acquiring and protecting the Indian trademark.

And that's where things get interesting. because a New Mexico businessman named Wayne Baughman has incorporated a company named Indian Motorcycle Manufacturing Inc., using a logo, he says, different from the original. Baughman told CW he’s “Gonna develop a super. 450-pound Indian Scout that maintains the Indian integrity, will meet all DOT standards. but will have a nostalgic appearance. It'll be a nice sport machine and we should bring it in at a very reasonable price—not more than $6500.”

Baughman can do this, he says, because his attorney’s reading of U.S. trademark laws indicates “That if you don't use (a registered trademark), you lose it,” he said. The fact that the Indian name has been moribund for years, he contends, means it is fair game.

Harry Sucher, author of “The Iron Redskin,” and an acknowledged expert on the brand, says his research indicates that a firm called Atlas-Titeflex Corp. owns the rights to the Indian name, and that the rights purchased by De Leone devolved from the estate of publishing magnate Floyd Clymer, who tried several times to resurrect the Indian name, but who may not have had a legal right to use it.

“You see,” Sucher says, “the whole thing has never been tested in the courts.”

As the plans for new-era Indians mature, that soon may change. And then the Indian Wars could begin in earnest, with attorneys leading the war dance. —Jon F. Thompson