kioti lawsuit

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   / kioti lawsuit #1  

bigeasy

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Aug 17, 2004
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I have gotten some information that Kioti has lost there Law Suit with Kubota
Has any body else heard any thing about this\

/forums/images/graemlins/blush.gif
 
   / kioti lawsuit #3  
The kubota web site still carries their press release about the law suit being initiated, but has nothing of it being completed. Seems unlikely that if they won, they would keep mum on it though sometimes that is part of a settlement.

The lawsuit is only a couple years old, so I think we will be waiting another year or so for it to be resolved. The lawyers need to burn more hours yet.

Cliff
 
   / kioti lawsuit #4  
for those interested:
PRESS RELEASE REGARDING SETTLEMENT IN KUBOTA V. DAEDONG (KIOTI) CASE

Kubota Corporation and Kubota Tractor Corporation, on the one hand, and Daedong Industrial Co., Ltd. and Daedong-USA, Inc., on the other hand, have settled the lawsuit filed by Kubota in August 2002 in Federal District Court in Fresno, California.

The lawsuit alleged, among other things, that certain aspects of the appearance of Daedong's Kioti tractors infringed trade dress and other rights that Kubota asserted exist in Kubota's tractors. Daedong is taking certain steps that Kubota believes will address its concerns.

Kubota wishes to once again inform consumers that there is no relationship between Kubota and Daedong or their respective products. Kubota and Daedong are completely separate and unrelated companies. Kubota did not design and does not manufacture the engine or any other component of any Kioti tractors, and Kubota dealers have no obligation to honor warranties on Kioti tractors. Kubota does not authorize its parts to be used on Kioti tractors.

Other terms of the settlement are confidential.
 
   / kioti lawsuit #5  
</font><font color="blue" class="small">( Daedong is taking certain steps that Kubota believes will address its concerns. )</font>

Anyone want to guess what those "certain steps" will be? Perhaps on each Kioti will be stamped the ebay-style message "Not a Kubota."

Cliff
 
   / kioti lawsuit #6  
</font><font color="blue" class="small">( Anyone want to guess what those "certain steps" will be? Perhaps on each Kioti will be stamped the ebay-style message "Not a Kubota.")</font>
They'll probably just extend their sloped hood design to the other models and maybe change the shade of the orange a little more. Not that the two oranges are really all that close, but it was a part of the original suit. John
 
   / kioti lawsuit #7  
Based on my experience with trade dress lawsuits, I would expect that Kiotis in the near future will change appearance and color. We all have to admit that it would take a double take to determine if an orange tractor viewed from a short distance was a Kubota or a Kioti.

Kioti needs to stop behaving like a third-world company and stand on their own laurels. Based on the comments of many TBNers, they should no longer need to ride on Kubota's coat tails.

OrangeGuy
 
   / kioti lawsuit #8  
<font color="blue"> Kioti needs to stop behaving like a third-world company and stand on their own laurels. </font>

I'm not quite understanding this statement. You may need to familiarize yourself with the CK Line of Kioti tractors. Heck, from a short distance I can't tell the difference between a blue Ford and similar blue Chevy. I'm amazed Allis Chalmer's hasn't resurrected and come after Kubota for using their color. /forums/images/graemlins/shocked.gif

Don
 
   / kioti lawsuit #9  
Other than color , I don't think Kioti is riding on any ones "coat Tales" . They seem to have a very good basic tractor , with a lot of performance, for a very competitive price .
I don't think that it's Kioti that's behaving in a third world manner .
Besides, If you can't tell the difference at a short range .... maybe it's time for an eye exam /forums/images/graemlins/smile.gif
 
   / kioti lawsuit #10  
Here's Daedong/Kioti's press release. Very similar, but slightly different than the one posted above, which is Kubota's press release:

<font color="blue"> Kubota Corporation and Kubota Tractor Corporation, on the one hand, and Daedong Industrial Co., Ltd. and Daedong-USA, Inc., on the other hand, have settled the lawsuit that was pending between them in Federal District Court in Fresno, California.

The lawsuit alleged, among other things, that certain aspects of the appearance of Daedong’s Kioti tractors infringed trade dress and other rights that Kubota asserted exist in Kubota’s tractors. Daedong vigorously disputed these allegations.

Daedong wishes to once again inform consumers that there is no relationship between Kubota and Daedong or their respective products. Kubota and Daedong are completely separate companies, and there is no manufacturing or engineering relationship of any kind between Kubota and Daedong. Accordingly, neither company’s dealers are obligated to honor warranties on the other company’s products, and neither company authorizes its parts to be used on the other company’s tractors.

Other terms of the settlement are confidential.
</font>

Don
 
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