Comparison Yanmar lawsuit.

[georgia tractor company]

Everyone should take notice that Yanmar Corporation has filed suit against most dealers and some folks acting like dealers that handle Yanmar tractors built for use in Japan but imported into the US and sold here.

The main issue is trademark infringement but the underlying issue is liability.

Yanmar tractors brought here through Vietnam are not fitted with the OSHA required safety equipment and are therefore at the center of this litigation.

Yanmar tractors refurbished in the US and bearing the UTDA certification have the necessary safety equipment and therefore are the better option, by far.

The event that triggered this situation at this time is the introduction of the new tractors now available in the US built by Yanmar and bearing their name. Not to be confused with the ill fated Yanmar/Cub Cadet tractors which are no longer being produced.

This post is submitted based on the facts of the lawsuit and one guy's opinion.

 

[Gale Hawkins]

The gray market is here to stay I expect but companies will try to protect themselves as much as possible naturally.

 

[georgia tractor company]

Agreed. This is a massive litigation. Much like the Kubota action years ago that was successful. The difference here is that when the tractors are fitted with the safety equipment and really refurbished to a set of standards the end user has solid protection and the manufacturer's name does not get "sullied".

 

[clemsonfor]

Links to this? It would hold more water to put a source.

Ihope this is not true, hate for the supply of machines to end. Prices will go up yes but i really dont want that. These things are worth what they cost and even with recent price increases you can still find decent deals on the used markets.

 

[zzvyb6]

Well I hope it is true. Too many owners want the cheap price and don't support the manufacturer who is forced by law to comply with safety standards only to be circumvented by overseas rubes who flaunt the copyright, patent and safety regulations.

Then of course, they scream bloody murder if the wheels fail, they roll it over and kill their grandchild or burn up the garage with the clone.

There should be a stiff tariff on all of these machines. Period. All you need is one idiot to ruin it for the rest. That's where the regulations come from in the first place. Come on, admit it, who hasn't cut their kids hair with a chainsaw after a few beers? Who hasn't mounted a 50 gallon sprayer on the top of their tractor cab and then crawled out on a 45% grade hill for a joyride? We already know there are a few who use a brush hog to cut the top of a hedge, but how about the name of someone who needs to eliminate all the kill switches, mow in reverse, put gasoline into a diesel tank or drove their tractor into a pond? ATTENTION: new govt regulations pending for helmets and life jackets on all tractors, lawn mowers, and UTVs sold in the U.S. . Could you guess why? BTW: a grandma just let her 11 yo grandson borrow the golf cart. He rolled it and asphyxiated himelf on the roll bar. Now what? Air bags on a golf cart? These are the root causes of all this.

 

[MasseyWV]

Come on, admit it, who hasn't cut their kids hair with a chainsaw after a few beers?

I'm confused, isn't that what circular saws are for? :laughing:

 

[Scotty Dive]

Will this affect hoye?

 

[clemsonfor]

Hoye does not sell tractors anymore. He only has parts ones. He sells parts its the smae way an auto manufactuer has no control over what advance auto sells. Its after market stuff and the stuff that is OE dosent matter as he dont sell "grey" tractors

 

[California]

Everyone should take notice that Yanmar Corporation has filed suit

I'd like to take notice. Can you point us to some factual information?

 

[careyo63]

Was that filed here in Ga. I can't find or heard anything about it ?

 

[HoyeTractor]

It is true. I have had a copy of one of the suits in my sweaty little hand.

Trademark Cases filed in the Georgia Northern District Court :: Justia Dockets & Filings

Google

 

[georgia tractor company]

Thanks Aaron. We did not want to respond to the nay-sayers. The nice thing is that the good guys will be left standing and end users will have a much clearer understanding of the market and have access to high quality tractors with a real warranty, still at a very attractive price.

 

[California]

Thanks Aaron. That Google list led to an article with an explanation for the same thing in Texas. I also saw Oregon mentioned.

Yanmar America Corporation Sues Big Red

 

[clemsonfor]

It wasent that we were nay sayers but just wanted direction on it. Thanks Aaron.

 

[clemsonfor]

So it sounds like Yanmar America is sueing anyone who is selling yanmar tractors that is not an Official yanmar dealer?


The way around this is for them to sell "japaneese tractors" that just say deisel tractor on them. They wont sell to those who dont know but recognise the Yanmar name but the little imports will still sell.

 

[jerrybob]

You're right......they can sell them as "Japanese" tractors and they legally can even say they have Yanmar engines and parts. They just can't call them Yanmar tractors. Will be interesting to see how the importers change their marketing.

 

[houstonscott]

What a stupid law lawsuit. Like someone couldn't buy a old BMW and restore it and call it a BMW because it doesn't have airbags in it after restoration. What we need is a good judge to through this out, and pass some tort reform. It's Yanmar and there is no changing that, just like cars.

HS

 

[Soundguy]

You're right......they can sell them as "Japanese" tractors and they legally can even say they have Yanmar engines and parts. They just can't call them Yanmar tractors. Will be interesting to see how the importers change their marketing.

reminds me of the zen-noh thing

 

[careyo63]

Like to here what comes up with this. Steve Hanes Is Spalding Tractor.

 

[clemsonfor]

reminds me of the zen-noh thing

Maybe kind of? Zen-noh is (you may know this) an ag CO-OP in Japan. They buy huge numbers of tractors and then either sell or lease them to farmers. The tractors have the zen-noh lable where the make would normally be. Every one there knows there not a "zen-noh" brand tractor but from the co-op. These can be Kubota's or yanmars or Isekis, but sinnce yanmar for years was the #1 tractor brand there, may still be? They just had a large amount of yanmars. So when these tractors were bought and sold here the old ones had nothing done to them when they first got here, just rolled out of fields into containers. Thats why many still say zen-noh.