Doug_Myerscough
Member
This is a tough situation for Kubota - they are obligated to send a cease and desist for the record (showing due diligence in protection of trademark) but they probably would not ever file suit. It's too much money for something so trivial and the burden of proof falls on them to prove either malicious intent or financial loss as a result. In the end, Kubota's only gain would at most be court costs and a token sum.
I have had to sue for copyright infringments (which is similar in many ways) and it is more trouble than it is worth even though I win every time - I don't bother to sue unless someone is actually trying to sell my work as their own - if they are just using an image on a website I send a cease and desist or ask them to provide a link to my site and give a credit under the image.
I have had to sue for copyright infringments (which is similar in many ways) and it is more trouble than it is worth even though I win every time - I don't bother to sue unless someone is actually trying to sell my work as their own - if they are just using an image on a website I send a cease and desist or ask them to provide a link to my site and give a credit under the image.