Email from Tom Blais, representing Rokon International Incorporated.
6/14/99
Dear Bob:
Had the opportunity to reveiw your web site today. I enjoyed reading the various columns and learning what your fellow enthusiasts are talking about. Good job.
I must ask you, however, not to use the Trademark names of "ROKON" or ("Trail-Breaker") in your web site address. This is creating confusion in the marketplace.
I am looking forward to seeing you at the Romp in August. Keep me
informed of your plans. I plan to attend and will have a giveaway gift for all attendees.
Call 1-800-593-2369 or email anytime.
Regards,
Tom Blais
Rokon International
Email tblais@rokon.com
My response
6/21/99
Hi Tom,
Glad you enjoyed the web site. Sure has been much more successful than I ever expected with over 30,000 "hits". What has been even more successful than the web-site is the Rokon Message Board and Rokon Chat Room...great fun with everyone swapping Rokon riding stories and tips. This is no credit to me, but says a lot about the characters who lurke there. A really great group with a passion for the odd little 2-wheel-drive motorbikes. Promoting the fun of owning and riding Rokons is what it's all about!
>I must ask you, however, not to use the Trademark names of "ROKON" or
>("Trail-Breaker") in your web site address. This is creating confusion>in the marketplace.
Oh, I think I'll continue to use them.
If you decide to sue, be aware the Rokon World legal fund is at an all-time high of $3.00. Be prepared!
I can't imagine what sort of confusion my web site could be creating, but I would enjoy hearing about it. Maybe to clear the confusion, we could just tell people that the unofficial Rokon site is the one that gets updated (nyuk, nyuk).
Ok, more seriously.
You know, I don't make any money off the Rokon World web site. Like the TRACKS newsletter which I occassionally mail out, everything in it is FREE. I do it because I really enjoy the motorcycles. I provide as much information as I can to help people maintain their old Trail-Breakers. I am sure you have noticed that I maintain a Rokon parts page where I list inexpensive sources for Rokon parts, or places where the product is of significantly better quality than what Rokon sells (chain comes to mind there). I also send people every week directly to you at Rokon. There are some parts that can only be had at Rokon, some parts for which Rokon offers the best prices or best quality. Understand that the success of Rokon Internternational means the future of my hobby. I want to see Rokon flourish. But if a guy calls me and asks where he can get kingpin bushings for his old Trail-Breaker, I am not sending him to Rokon ($7.50 each plus shipping) when he can get them at the local hardware store for .50 cents.
Of note: I also have Rokon International at the top of my "links" page to steer the web surfers your direction and my offer from two years ago to list all your Rokon dealers on my "Dealers" page still stands. All FREE of course, just looking to promote the bikes. My offer to update your website also stands, again FREE, as I really want to see the company successful.
Among the great folks who visit the Rokon World web site there are those who have gone above and beyond when it comes to promoting your company. The other Bob G., Orla, Roger H, "video" Brad, Joe W and especially the Syco all come right to mind and there are certainly others. These are folks who, among them, have created some fantastic promotion by writing letters to the motorcycle magazines talking-up Rokon, creating very professional shirts and videos which stir interest, and maybe most importantly, providing technical assistance which ultimatley leads to parts sales for you. I have also been told that more than one new Rokon has been sold as a direct result of the Rokon World web site, its links, and the enthusiasm displayed "online" by Rokon owners.
>I am looking forward to seeing you at the Romp in August. Keep me
>informed of your plans. I plan to attend and will have a giveaway gift>for all attendees.
I will be looking forward to seeing and talking with you at the Rokon Romp. I hope you will be demonstrating bikes, I know there are folks that would like to see the new stuff in action. I get a lot of email and letters from people asking about the Honda engine and how it compares to the 2-stroke. I also hope you will be riding with us. It would sure be neat to ride with the owner of Rokon and possibly even the father of Rokon if Orla can make it there.
In short, I realize that my hobby is your bread and butter. Having worked for a non-profit organization my entire adult life, I am probably not the guy to be giving business advice, but (you knew that was coming) embracing Rokon World as an unofficial partner would only work to improve your sales, reputation and customer relationship. (Small story inserted here***) I also participate in discussions on a message board operated for street motorcycles. The owner of Barons Custom Cycle Parts (pretty good size aftermarket manufacturer/dealer) pops onto the message board a few times a month and asks what sort of parts we would like to see them build, problems we are having with exisiting parts and just to say "hi" to the people who buy his product and pay his mortgage (end). I would really enjoy seeing you participate in Rokon Chat night...what a great opprotunity for Rokon owners to talk directly with the boss and hear your insights. Feel free to post to the Rokon Message Board....great way to get the word out on any special sales you might have. So, just a suggestion, but don't waste your time pissing around with concerns like my using the name ROKON. Instead, get involved, have some fun, and build a stronger customer relationship which is so important to the success of a small business. I am working with you, not against you, an I'll do whatever I can to help.
Aloha from sunny Honolulu,
Bob
One last thing.
> This is creating confusion in the marketplace.
Speaking of confusion, although I informed you of this a year ago, I see you are still advertising the 2-stroke engine as 146cc when in fact it is 134cc. This may be creating confusion in the marketplace;)
Rokon World
All-Wheel-Drive Motorcycles
http://www.rokonworld.com
From Tom
6/23/99
Thank you for your response.
I appreciate your enthusiasm for all things Rokon and your efforts to popularize Rokon. However, I have a problem with your using our corporation's legal trademark names. They are not yours to use. You must not use them. Simply pick a different name. I am sure you can think of one. This is the only way we can maintain good relations.
Regards,
Tom Blais
Rokon International
Me again
6/23/99
Jeez Tom, it's really too bad you feel that way. You are really missing an opportunity to improve the relationship you have with your customers, which at this point is not very good. I get mail every week, (both electronic and USPS) from people looking for help with their Rokon(tm) because you were of no help and/or treated them poorly on the phone. As a matter of fact, I
have a "Tom" file which is quite amusing ....some folks are very "spirited" in the comments about you and your service.
So anyway, I guess if I won't see you on Rokon(tm) Chat Night, maybe I'll see you in court.
Still with Aloha,
Bob
Rokon World
http://www.rokonworld.com
P. S. Rokon World legal fund is now at $2.50. Bought a soda.
Tom responds.
6/24/99
I definitely want to improve customer relations at all times. To all I've hurt in any way, I'm sorry. To all who have bought anything from Rokon now or in the future, everything is either returnable, ie. parts or there is a 1 year warranty ie. bikes ( 4 times longer than any 4X4 that I know of.) What OEM manufacturer supplies parts as best it can for bikes built over 25 years ago? We are not perfect and I may/do lose patience at times with some owners, but seriously I try to do the best
by every owner. We have made many improvements to the bikes and offered many new retro kits through the years. We are commited to new and better products. The website and brochures will be updated. I love the Company and its history as much as you do.
Do not expect me, however, to work with someone who takes something as basic as our name. This is not personal. I do not say it with meanness. I'm willing to work out any reasonable compromise. Again I thank you for the positive things that you've done to promote the positive aspects of Rokon riding.
Regards,
Tom Blais
Rokon International
Me to Tom
6/24/99
Well Tom, that's about the most sincere and "from the heart" email I have ever recieved from you.
I certainly don't mean to push the issue of your customer relations, but I got another email this morning from an unsatisfied owner. I don't want to tell you what he was complaining about ( a little confidentiality I suppose)
but he has had his bike for a short period and has had major trouble with. He feels that he is not getting a fair shake from Rokon (you). Also, Tommy Wright on the north shore here, who I hadn't seen in months, filled my ears on a visit up there last week. He is not at all happy with his clutch situation. He would be much less happy, but about 8 months ago I gave him
one of mine so he is able to ride his bike. I didn't get all the details (we had beer to drink) but he is expecting a clutch repaired and back from you. In the mean time, he will use mine.
Point is, I am not making this stuff up. Many people are not at all happy with the service you provide, or the way they are treated when they call Rokon. Just lettting you know so you can improve your business.
About the Rokon name. I'm not "taking" it. My using "Rokon" on the web site is the same as using "Rokon" in this email. I'm not stealing your business(1), and I am not selling products with your name on it. I make no money here. You have nothing to be concerned with. Really. Not legally nor otherwise.
(1) Not only am I not stealing business from you, I am sending it your way. This, from an email just this morning.
_________________
Hi Bob,
I for one am one of those
people who bought a Rokon in large part due to what I read on your web-site. Unfortunately their is a problem with my (new) Rokon and it is currently sitting out under a tarp in the rain.....
_________________
It just seems so minor to me, the Rokon name deal, when I really make about every effort to promote your business. The ONLY thing I don't promote for Rokon is the parts that you have set outrageous prices on.
Anyway, my legal fund is quickly dwindeling as summer arrives. I may just blow the whole wad on a six-pak and head to the beach.
Aloha from babe-land,
Bob
Me again to Tom
6/24/99
Tom,
Ok, how about this.
So there is no "confusion in the market place" I have added a disclaimer near the top of the home page on my web site. This disclaimer disassociates my Rokon World web site from Rokon International Inc, and included in the disclaimer is a link to your www.rokon.com.
The last thing I want is a pissing contest between you and I. Does the above action satisfy you and your concerns?
Bob
A new player, Bruce, pops in. The plot thickens.
6/24/99
Hi Bob -
Enjoy your site, but wouldn't friendly cooperation between you and Rokon be in the best interest of Rokon fans? It seems to me that Tom has asked you politely to stop using his trademark (which he has every right to protect) and you are now being petty by refusing. Hope you guys can work this out in a friendly way.
Bruce
Me, back to "Bruce"
6/24/99
Hi Bruce,
I have made every effort to help Tom and Rokon, even offering to update their website for FREE, which has not been updated since May, 97 and also to list all Tom's Rokon dealers for FREE. He has no interest in cooperation.
About using the Rokon name. I make no money on the web site and I don't sell any products through the web site. Using the Rokon name on the web site is the same as you using it in your email to me. Now how would you feel if you got an email from Tom telling you that you are welcome to send email, but you can't use the word "Rokon" in your email?
For all the FREE advertsing I have provided to Tom, for all the business I have sent to Tom ****Here is part of an email I got just this morning:::
&&&&&&&&&&&&&&&&
Hi Bob,
I found those letters pretty interesting. I for one am one of those people who bought a Rokon in large part due to what I read on your web-site......
&&&&&&&&&&&&&
Here is a guy that says Rokon World had a lot to do with his decision to buy a Rokon.
With all that I have attempted to help Tom with, it just seems cheezy to me for him to moan about my using the name Rokon on the web site.
But that's just my opinion.
Bob
Rokon World
Back from "Bruce", mysterious defender of Tom Blais
6/24/99
Bob - I can't believe Tom Blais objects to the
use of the word "Rokon" - just the use of the
trademarked logo in your website name.
Thanks for your reply.
Bruce
Me back to "Bruce"
6/24/99
Bruce,
He doesn't hold the trademark on it. He also complained about my use of "Trail-Breaker", so it must be the actual words, not the logo that he objects to.
Bob
Me catching a weasel
6/27/99
Hi Bruce,
I sure got a ton of email on this whole "use of the Rokon name" stuff, but you know, yours was the only email I got even remotely siding with Tom on the subject. Just got me to wondering, your not some big NYC lawyer friend of Tom's or something, are you?
Just wondering.
BTW, I put a disclaimer on the Rokon World web site disassociating the site from Rokon International, including a link to their official site. This should take care of any "confusion in the market place" (that just kills me) and should help Tom sleep better. I haven't heard back from him about it. We'll see.
Hey, if you happen to be a lawyer (Tom's or anyone elses), let me know. I have a legal question about all this that should really get you thinking.
Not Harvard educated, but a pretty good sea lawyer anyway,
Bob
Rokon World
Back from "Bruce"
6/28/99
Bob -
You wrote that "he doesn't hold the trademark
on it". The fact is that the trademark "ROKON"
was registered on June 20, 1995 and assigned
Reg. No. 1,900,563. "TRAIL-BREAKER" is also
a registered trademark. The Rokon logo which
you use in your website is the property of Rokon.
I hope you will respond to their legitimate request
to stop using it.
As I said before, it just seems to me that friendly
cooperation is in everyone's best interest.
Bruce
P.S. Yes, I am a lawyer and Tom's friend.
Me back to lawyer Bruce
6/28/99
Well hi Bruce,
I'm wheeling this off on the way to work, so it will be a bit short.
> P.S. Yes, I am a lawyer and Tom's friend.
I figured Tom had one of each. Didn't think it would be the same guy.
Well, now we get down to the gooey truth. Seems like you would have identified yourself as his lawyer in your first email.
> You wrote that "he doesn't hold the trademark
> on it". The fact is that the trademark "ROKON"
> was registered on June 20 1995....
I am sure you are right about that. It has been about that long since I checked.
Be sure and take the time to read what a trademark does/doesn't do for the holder.
> I hope you will respond to their legitimate request
> to stop using it.
No. Trademarking a name does not keep the general public (me) from using it. I can still say "rokon" and write "rokon". That darned US Constitution and all its confusing amendments you know. Using the word "rokon" in my website address (www.rokonworld.com) is perfectly legal.
Tell me, how many of the following web sites have received email from you or Tom concerning their web address:
URL: www.linkline.com/personal/fatuglyldy/Rokon/
URL: www.onlinenow.com/nwallterrain/rokon.html
URL: www.4wdonline.com/Motorbikes/Rokon.2x2.html
URL: www.ronscycle.com/rokon.html
URL: www.rokonsouth.com
URL: www.siue.edu/~rsutton/rokon/
URL: www.ukagrisales.co.uk/farmquip/Rokon.htm
URL: www.motorcyclepictures.com/contents/rokon/contents/1971Rokon
URL: www.onlinenow.com/nwamphib/rokon.htm
URL: www.motorcyclepictures.com/contents/rokon/contents/1968Rokon
URL: www.ridermagazine.com/atv/mag/HardRockinRokon.html
Can't wait to see the answer on that one. You guys must be very busy with email to those "rokon" pirates.
This just gets more entertaining for me everyday. You see, Tom has no leg to stand on here. I have made an attempt to work with him with the disclaimer and link to his site that I have posted on www.rokonworld.com. I have no requirement to do that, I was just trying to ease Tom's concerns. I have not heard back from him on this, so I can only assume this was not enough for him. I'll give him a couple more days to respond, then the
disclaimer comes down.
Tom and his big city lawyer. All this over a "for FREE" web site that creates business for him. You guys are too much.
Am I gonna get a "cease and desist" lawyer letter on letterhead. That would be the topper.
Laughing 'til the snot runs,
Bob
Rokon World
Back from the lawyer
6/28/99
Bob -
You are missing the point. The logo
is Rokon's property. Please stop using
it in your website. Clearly, you can talk
and write about the product all you want.
Bruce
Me to Lawyer Bruce again
6/28/99
> You are missing the point. The logo
> is Rokon's property. Please stop using
> it in your website. Clearly, you can talk
> and write about the product all you want.
Bruce,
Which should I believe, what Tom says or what Tom's lawyer says?
Read the paragraph below. This is what Tom sent me. To me, it clearly states that he doesn't like me using the word "rokon" in my web site address, www.rokonworld.com.
***************
I must ask you, however, not to use the Trademark names of "ROKON" or ("Trail-Breaker") in your web site address. This is creating confusion in the marketplace.
*****************
Now who is missing the point? It says nothing about a logo or anything besides the web address. It appears to me that Tom hit a dead end on his first attempt to stab my site, and has now given the knife to you. Where's O.J. when you need him. Please
get with your client and come to an agreement on just what it is about Rokon World you don't care for.
I will not give in to this sort of censorship. He has absolutly no legal right to dictate the web adress I use for my web site. It's mine. I paid for it.
Beyond that, the only part of this that ticks me off is his ungrateful attitude to all I have done and attempted to do for his company. I hope he does not dispute with you the fact that my web site has helped him sell bikes and parts. To this point I have done about everything I can to promote his company, and in return I get email from his sneaky lawyer (you) who doesn't even bother to identify himself until he is "caught". Simply amazing and certainly no way to run a company.
Was there something wrong with the disclaimer and direct link to his web site that I have posted? It certainly seems fair. It is nothing I had any requirement to do, but did it for the sake of Tom's odd concerns. I have heard nothing from him about the disclaimer or the link I posted, so it will be coming down soon.
Bob
Proud owner of http://www.rokonworld.com
Another from lawyer Bruce
6/29/99
Bob - So it is clear, I have now been asked
to be the "voice" for Rokon until this matter
is resolved.
Tom does appreciate your efforts and a
review of his e-mails shows a a uniformly
respectful tone and a polite request for
a friendly solution to what he sees as
a problem. The e-mail from Todd at USMP
shows that "confusion in the marketplace"
is not as silly as you seem to believe. Rokon
customers have also been confused. Tom's
request to you was the result of a real concern.
A compromise - Why not call your site "Bob's
Rokonworld", remove the Rokon logo, create
your own logo and include the disclaimer and
the link.
Perhaps then you and Tom could get together
at the Rokon romp, have a good laugh and enjoy
talking about and riding Rokons.
I'll say it once more - it seems to me that friendly
relations are in everyone's best interest. I hope
you have a good vacation in Oregon.
Bruce
Me to Bruce. I've had enough. For now.
6/29/99
Tom's lawyer,
> Why not call your site "Bob's
> Rokonworld", remove the Rokon logo, create
> your own logo and include the disclaimer and
> the link.
Or this. Tom calls his site "Tom's Rokon Site", puts up a disclaimer disassociating it from me, and puts a prominent link to www.rokonworld.com.
That's no more corny than your idea.
You two can't even agree on what you are complaining about. Tom says its the "confusion" caused by use of "rokon" in the web address "rokonworld.com". You say its the use of a "rokon" logo. Unable to agree on which, you seem to have settled on both. Now you want me to change the web address, remove the logo and post a disclaimer and link to Rokon's web site.
I made every effort to find a solution Tom could live with, now his only correspondence with me is through is lawyer. I'm done. Sue me.
On vacation,
Bob
Bonus letters which apply:
Received 6/15/99 and posted to the Rokon Message Board 6/17/99
Hello:
I just took a look at your web site, and it looks great! I didn't see any info on the US820 engines. If you need any parts, engines, or other information from United States Motor Power, Inc. let me know. Our web site is new (not as nice as yours), but does have some information on it. www.us820.com.
I get a lot of Rokon customers calling me. Now I know where to send them. Most customers don't like dealing direct with Rokon???
Thank you,
Todd
It would appear someone at USMP got their weiner slapped by Tom.
Does anyone believe "Todd" thought he was emailing the official Rokon web site when he sent the above note.
I got this one 6/25/99
Rokon World:
I am writing this letter in reference to the letter I wrote June 17th, 1999. As I read the letter in your archives it tends to leave a negative connotation towards Rokon International. I want to say in no way was this supposed to sound negative. My intention was simply to help network Rokon customers that need help via the Internet. My assumption was that all authorized dealers for Rokon International were listed on the Rokon Website. It was not until now that I realize I mistook the Rokon World site for the Rokon International site. I did not see the disclaimer at the top of the page. The Internet is a powerful tool, and we all must be careful while using it, specifically so these types of misunderstandings don't occur.
Rokon International and United States Motor Power, Inc. have a long and sound relationship. Through constant follow-up, research, and development Rokon and USMP have worked very hard together over the years to supply the best possible equipment for the marketplace.
Sincerely,
Todd
USMP
My note back to Todd at USMP.
6/28/99
Hi Todd,
Sounds like Tom Blais at Rokon contacted you about speaking directly with us riff-raff at www.rokonworld.com. Would that be an accurate guess?
So can Rokon owners contact you directly for parts/replacement engines?
What is the price for a new US 820 model 82031?
Aloha from sunny Honolulu,
Bob
Rokon World
Back from USMP.
6/29/99
Bob:
Anyone can contact the Factory for technical information. Specific technical information usually is obtained through the OEM, in this case Rokon International. We only sell direct in the kart racing industry.
Todd
Comments?
Email Tom at:
tblais@rokon.com
Email me at:
usn@comcast.net