IIRC didn't HD sell a 2 stroke motorcycle built by a foreign mfg "the name escapes me" called the scrambler? Knowing how territorial HD is they're might be an impending lawsuit on the horizon.
FWIW Triumph currently sells a Scrambler so whatever legal wrangling surrounds the name has probably been worked out by now. I think Ducati was the first to use the name anyway.
2015 Ducati Scrambler is rumored to be an air/oil cooled L twin. Was supposedly shown at WDW 2014 but no pictures of the actual bike have surfaced that I'm aware of. There are some videos on YouTube of prototypes...
Might be interesting, there was once a rumor that the Scrambler was going to be the 4th in the "Sport Classic" line, perhaps this is the rebirth of that line. Hope the tank issues are fixed...
As previously mentioned Triumph has made their Scrambler, a Bonneville with the 270 degree 865cc engine from their America/Speedmaster in it without any sort of legal issues. Harley did many years ago sell Aermacchi bikes they re branded as Harleys in the 60's and 70's, mostly during the AMF era.
I think Triumph has captured the Scrambler spirit wonderfully in its styling and they are quite capable of going offroad if need be. They are by no means light and nimble like some dirt bikes, but they do the job.