Deere scared?

[Bob_Skurka]

i have not seen the add, but a previous poster said it went something to the effect of "Deere John, I've found somebody else", or something to that effect. if this is how the ad ran, then i have a hard time seeing what legal basis deere had to make mahindra pull the ad

Based on just the title, perhaps there was no legal basis.

But what none of us see here is all the little detail in the advertisement, not just the words, but the images and how they were portrayed. We really will never know, but it could have been a big issue that caused JD to take action, or it could have been a small technical issue. It could have been an issue with a statement, or with a misrepresentation, or with an properly used image.

 

[TomKioti]

Bob,

Some are also arguing that Mahindra is on an upswing with the import figures and that mabye, just mabye JD is starting to get a little nervous. Thoughts?

 

[jeffinsgf]

I'm not a lawyer. Heck, I don't even play one on TV. But if I were guessing, I would say that John Deere's objection was to their name being used. If the ad had said "Dear John..." or "Deer John..." they would have had no basis for a trademark violation. But, the spelling "Deere" has no meaning other than the second half of the firm's name.

Here's an example of just how far large companies will go to protect their trademark rights. Some of you know that I work in the woodworking tool industry. Several years ago I wrote an ad with a headline something along the lines of "A Tool Every Craftsman Should Own". You guessed it, Sears threatened to sue me if I ever ran the ad again. And, I wasn't even thinking about coat-tailing or being cute. Obviously Mahindra was.

Don't think that John Deere isn't capable of double entendre themselves. They have a new billboard for their skid steers. It shows the skid steer with a toothbar on the bucket in sort of a menacing pose, with the headline "Here Kitty, Kitty, Kitty". I have seen two of these on the highway....both of them almost on top of Bobcat dealerships. I am sure their legal department sees no trademark infringement in that at all -- heck they didn't use "Bob" or "Cat".

 

[Bob_Skurka]

I'm not a lawyer. Heck, I don't even play one on TV. But if I were guessing, I would say that John Deere's objection was to their name being used. If the ad had said "Dear John..." or "Deer John..." they would have had no basis for a trademark violation. But, the spelling "Deere" has no meaning other than the second half of the firm's name.

Bob,
Some are also arguing that Mahindra is on an upswing with the import figures and that mabye, just mabye JD is starting to get a little nervous. Thoughts?

Based on reports from dealer meetings I know that the brand that Kubota is watching is Mahindra. I would presume that Deere would be doing the same. Mahindra is the one foreign company of all the minor brands that has both a wide product line, massive company behind the products, and can compete in both agricultural and CUT markets. No other minor brand can claim to have the depth of product line, production facilities, and worldwide reach that Mahindra has attained. That said, I seriously doubt if Deere is nervous. In fact Deere has been growing its worldwide sales. Not much over a decade ago Deere was primarily known only in the USA, it is now a world brand with production all over the globe and sales climbing in most markets.

I would suggest that Deere is protecting its trademarks. I would also guess that given all the brand merchandising that Deere does with toys, clothes, tools, boots, mailboxes and other things that they have an army of lawyers who do nothing but protect their trademark.

Suggesting otherwise is probably wishful thinking?

 

[TBrown]

I think that by suggesting Deere is "nervous" or "scared", we aren't giving Deere the respect they deserve.

Of course the management at Deere is concerned with Mahindra. They certainly keep abreast of all their competitors in every market in which do business and every market in which they desire to do business. The same can be said of the management at Kubota, CNH, Mahindra, and every other manufacturer of every product in the world. In this day and age you absolutely must watch the actions of your competitors. Frankly, if management dismisses a viable competior as inconsequential, then for the good of the company they should be replaced.

I doubt Deere sits back and hopes and prays that Mahindra fails to steal market share. Deere is an aggressive global company and they are working to gain market share in existing markets and emerging markets. So is Mahindra. So are hundreds of world-class manufacturers. History will show who will succeed and who will stumble, but to say a major player is afraid implies complacency. Neither Deere nor Mahindra are guilty of that.

 

[k54frog]

Here's another attempt to lighten up this thread. More 'Deere' slogans that will never get used. Yes, in bad taste and not funny.... But if MUSA uses any of these (not) I want some free stuff!

1. The competition looks at us like a Deere in the headlights.
2. Turns any Deere into venison.
3. It's open season on Deere.
4. There's no shear in my gear, I ain't cryin' for you Deere.

Full disclosure: I'm a Mahindra owner but I'm also a big fan of JD. To me, JD is the Harley Davidson of American tractors.

5. Nothing runs like a Deere being chased by a Mahindra

 

[musa_marketing]

Visit this link regarding a Business Week article. The article (page 10-11) says that the president of JD ag division "concedes" Mahindra could someday surpass Deere in global unit sales.

http://www.machandesign.com/clients/mahindra/MUSA_Business-Week_article.pdf

 

[Maine_Polack]

That is not the advertisement in question.

The one that apparently got them in trouble with Deere was an ad that had a big title "Deere John . . . " It went on to say that they found a new tractor to love.

It was an advertising version of the "Dear John" letters that so many of our US military people get from their wives and girlfriends saying that they found another person and want to break up. Personally, I don't own a Deere (unless you count a push mower, a weed wacker and some other small stuff) but I have to admit that in a time of war, when so many soldiers come home to find that they have lost their wives & families it is an offensive advertisement. I personally know 2 soldiers who came back and their spouse had not waited for their return

Honestly I don't know what part of the advertisement got Mahindra in hot water with Deere, but I know that the advertisement was just in bad taste. JMHO

As usual, political correctness to the max for everything! What ever happen to commom sense ? And seeing humor in things?

As one who has been there/done that I took no offense whatsoever from this ad.

Common Sense Teach our children to take responsibility for their actions and Respect for others...

 

[Bob_Skurka]

As usual, political correctness to the max for everything! What ever happen to commom sense ? And seeing humor in things?

As one who has been there/done that I took no offense whatsoever from this ad.

Common Sense Teach our children to take responsibility for their actions and Respect for others...

As is typical, some people missed the whole point. While I personally did not like the tone of the ad in this time of war, my opinion has nothing to do with the actions of why Deere took action. That was nothing more than a personal commentary. And it really has little to do with "PC" and to accuse me of being PC is pretty absurd because most people would argue the opposite.

The heart of the issue is really got something to do with protecting a trademark, copywrite, or intellectual property.

As stated I'm not a Deere tractor owner, but it amazes me what people are willing to read into things and accuse Deere of when they don't have any facts. This thread is simply full of armchair lawyers saying they don't see any problem with the ad, yet most admit not seeing it, and most admit to not being a lawyer. So the arguements are simply one side of the story, and even then are based only on a narrow view of a portion of that one side.

Talk about using common sense, why not apply it here are presume that there are 2 sides to every story and not rush to judgement based on partial truths?

And if there was respect for each other, then Mahindra wouldn't have to take pot shots at other brands. So apparently they didn't learn the lesson of teaching their children respect for others, and obviously Deere's lawyers had to take them to court to teach them to take responsibility for their actions.

 

[Maine_Polack]

"Talk about using common sense, why not apply it here are presume that there are 2 sides to every story and not rush to judgement based on partial truths?"

I never presumed that there was not two sides. Very presumptuous of you to say so.

Partial truth? You set youself up as "The Truth-Sayer! Wise in all things

I am constantly amazzzed Excuse me now...I have to go look something up

I have no desire to get into a match with you, and will not waste time do so. This stuff has sort of been building and then it just popped out. Sorry if it was offensive, as the truth often is......