Busted by Kubota Kops!

[RonR]

I received a call from a very nice lady from Kubota Corp today. She said that they had discovered I was using their name improperly and infringing on their trademark. My offense was a domain name / website which included the name "CaptainKubota", which I started two years ago as a small side business.

She said she would be glad to send me the HUGE stack of legal documents explaining in great legaleze how I was in the wrong. Or I could just do the right thing and cease / desist from using it.

She said if I were a dealer, they might cut me some slack, but since I'm a nothing, they don't want me using the name. I suppose I can understand that.

I guess I should have thought about it at the time, but the names seemed to fit....................

I'll pull the website down (as soon as I can remember how to do it!) and make them happy. I thought about asking if I could use the shortened name "Bota", but I'm sure that is probably illegal also.

I guess I'm surprised it took them 2 yrs to notify me. So for all you guys in violation like me, be warned.

Best wishes,

Ron, no longer known as "captainkubota"

 

[Dargo]

Since I am (fortunately / unfortunately - you pick) surrounded by attorneys, they have told me that using the name of a tractor company even in your handle on TBN is technically a violation of their trademark. The thought is that if you use their name and in any way create an issue, their name comes up, which is a no no. Don't you just love attorneys?! /forums/images/graemlins/crazy.gif My guess is somebody probably brought your site to their corporate's attention.

 

[Casco1]

Captain ******, After reading your post I went to check out your site. To bad I don't own the Kubota company I'd send you a T-Shirt and a hat. It's a nice site and it's surely not derogatory but I guess the lawyers have to keep busy.

 

[RonR]

My guess is they do web searches all the time and that's how my site came up. I can't believe someone outside of Kubota would take the trouble to turn me in.

And I'm sure no matter how good or bad the site is, that's not the issue--it's that you are doing something with their name and they don't like that.

I will disable the website, but since I own the domain name for at least 6 more months, I don't think anyone ELSE can use it either.

Maybe I can sell it for Millions??????????????? (Relax Kubota Lawyers--I'm kidding!) Honest, you can have it in exchange for a nice new tractor or something............

 

[RonR]

Thanks Casco. I appreciate the compliment. /forums/images/graemlins/grin.gif

However, my attorney advises me to not to comment positive or negatively pertaining to any of the aforementioned disputed issues. All he will let me comment to is to say: "No comment". After great discussion, he will let me agree to say that to the best of our knowledge, today is in fact probably Tuesday....... /forums/images/graemlins/confused.gif /forums/images/graemlins/confused.gif /forums/images/graemlins/confused.gif /forums/images/graemlins/confused.gif /forums/images/graemlins/confused.gif

Ron, formerly known as nobody special, now known as nobody special.............

 

[Freds]

So you don't lose out on everything, including the 6 months, can you talk your web host into directing anyone that searches out your present website to whatever you're going to call the new one? You know, "This site has been moved to...".
It seems like they should be somewhat responsible for issuing you the domain name in the first place.

 

[Bill_BX23]

Isn't Kubota a fairly common Japanese name? A quick search shows 10 kubotas in New York City. It could be just coincidence that you also own an orange tractor. There is also a Kubota Garden in Seattle, a Kubota Photodesign company, Kubota Restaurant in San Jose, and I'm sure you could find a lot more examples.

Since you aren't using "Kubota Tractor Company" as your logo, can they even say anything? You can't copyright a common name can you?

 

[Henro]

<font color="blue">Since I am (fortunately / unfortunately - you pick) surrounded by attorneys, they have told me that using the name of a tractor company even in your handle on TBN is technically a violation of their trademark </font>

Just curious, but you might ask those attorneys how they would deal with people in Japan who have the name KUBOTA, which is certainly not uncommon. We personally have one friend with that name...and I am sure that there are many, many more...

edit: I should know better than to reply before reading to the end of the thread...Bill BX23... /forums/images/graemlins/blush.gif

 

[Junkman]

Bill..... he could possibly challenge them, but we all know that Kubota has a staff of lawyers on retainer, and that in the end, the battle wouldn't be worth the hassle. I do believe that changing it to "captainbota" wouldn't get him in trouble, since they don't use "bota" as part of there name. I see a lot of trademark infringements on websites, but it takes a complaint to get to one of the trademark owners before it is acted on. I doubt that Kubota has the inclination to search out sites to hassle. Just like so many things in life, there are always people that will want to cause problems for others just for the sake of doing so. /forums/images/graemlins/frown.gif

 

[PineRidge]

Henro you better watch posting on this thread or Kubota will send you one of those cease & desist orders for the caption on your picture. Boy having met you I would love to listen in on that conversation...... ^&%$#(*&&&%$##

/forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif