Kioti Lawsuit

NIXON · May 19, 2003

all in all , it's a pretty sad commentary . The only thing I see coming out of this is passing the cost onto the consumer .
John

GaryG · May 19, 2003

I agree that it is frivolous. How close is the color anyway? Anyone see them side by side? Interesting the Japanese suing another company over making copies. It was not that many years ago that the Japanese perfected the art of copying other peoples products. Imatation is the highest form of praise... hmmmm

Anonymous Poster · May 19, 2003

Kind of reminds me of a lawsuit Apple Computer filed against Microsoft, when Microsoft first came out with the Windows operating system. Apple claimed that Windows had "the look and feel" of Apple's Macintosh operating system. Needless to say, Apple kept getting kicked in the teeth in court, and Microsoft had deeper pockets and could have outlasted a trainload of Apple lawyers anyway, so Apple ultimately quit. I guess you can't patent or copyright "look and feel." Being a longtime Macintosh user, I have paid Apple's lawyers many times for this stupid lawsuit. Unless Kioti "reverse engineered" the paint or whatever to exactly match Kubota, this lawsuit seems like a waste of time to everyone except the lawyers. But the courts sometimes do strange things.

Anonymous Poster · May 20, 2003

( I guess you can't patent or copyright "look and feel." )

I understand that you can, but it's difficult to win. Harley tried to sue one or more of the Japanese makers claiming they duplicated Harley's exhaust sound. Harley finally gave up.

Apple caught a lot of ridicule from the industry for their suit. The fact that the GUI interface was develop at PARC (Xerox's Palo Alto Research Center) didn't help.

Industry seems to love studpid lawsuits.

Nissan sued a nonautomotive business because it owns http://www.nissan.com/ .
The fact that the owner of the business is named Nissan didn't deter them.

Ralph Lauren sued a polo club for using the name Polo. Go figure.

McDonalds sued a young girl for inventing a game called "Nothing But Net" when they were using a NBA player to hock hamburgers. They sued a motel chain for using the name McSleep, claiming it could be confused with McDonalds. Incredibly, they won. They also are suing a Scotswoman for opening a sandwich shop called McMunchies. The latter has raised the ire of the the clan McDonald, which is causing the burger barons some overseas heartburn.

Corporate bullyism is alive and well in this country. Unfortunately, we seem to be exporting it too.

SnowRidge

Anonymous Poster · May 20, 2003

Harley's lawsuit was big news here in Wisconsin. I had (intentionally?) forgotten about it, perhaps because it's embarassing to watch a pretty well respected company - at least well respected in Wisconsin - do something so stupid. Reading over Snow Ridge's list, I don't know whether to laugh, cry, or "laugh to keep from cryin'." Probably more productive to just go mow the grass.
Bernie

19th_VA · May 20, 2003

Many Americans are sue happy, unfortunately. If a lady can sue McDonald's for burning her thighs with hot coffee held between her legs while driving, and a man can sue a locality in California for diving into the pacific headfirst and clonking his head on a rock (ignoring the Danger--no swimming signs), I suppose Kubota is just doing the same thing. Very sad.

RanchMan · May 21, 2003

Kind of reminds me of a lawsuit Apple Computer filed against Microsoft, when Microsoft first came out with the Windows operating system. Apple claimed that Windows had "the look and feel" of Apple's Macintosh operating system. 

Yea - especially ironic since Apple stole the "look & feel" of the Mac OS from Xerox. /forums/images/graemlins/tongue.gif

Anonymous Poster · May 21, 2003

These cases typically come down to whether or not there is a "likelihood of confusion" in the marketplace. In other words, might someone buying a Kioti believe that they are buying a Kubota or a tractor associated with Kubota? There are many factors that are weighed in the analysis, and one of them can be the amount of care given in making a purchasing decision. Generally, the more expensive a product is, the more care that is given in making the decision. People spending a lot of money tend to look at things a bit more carefully. I know nothing about the specifics of the case and this is only my off-the-cuff commentary.

GaryG · May 21, 2003

The chances of someone buying a Kioti thinking it was a Kubota would be in the millions to one. Tractor people and farmers in general are to well informed and tight with their hard earned dollars to make that kind of error.