Kubota sues Kioti

HMD · Dec 18, 2002

From the Kubota website.

Kubota Initiates Trade Dress and Unfair Competition Lawsuit Against Daedong's Kioti Tractors

December 16, 2002, Torrance, California - Tractor manufacturer Kubota Corporation, of Osaka, Japan and its affiliated United States distributor Kubota Tractor Corporation have served a legal complaint upon tractor manufacturer Daedong Industrial Co., Ltd. and its U.S. distributor Daedong - USA, Inc. d/b/a Kioti Tractors (collectively, "Kioti") charging, among other causes of action, trademark and trade dress infringement and unfair competition. The Complaint was filed with the United States District Court in Fresno, California on August 19, 2002. Efforts to resolve the lawsuit prior to formal service on December 4 were unsuccessful.

The lawsuit alleges that Kioti has engaged in trade dress infringement by using Kubota's distinctive orange color, and in some cases Kubota's distinctive hood design as well, on its competing models of tractors. The lawsuit further alleges that Kioti has been responsible for statements indicating a current relationship between Kubota and Kioti with respect to tractors when, in fact, no such current relationship exists.

In the lawsuit, Kubota seeks, among other things, injunctive relief against Kioti's use of the Kubota color and hood design and against false or misleading statements by Kioti. Kubota also seeks monetary damages, including treble damages and punitive damages based on Kioti's allegedly willful and/or intentional misconduct.

Also named as a defendant in the lawsuit is a dealer in California, which, according to Kubota's complaint, is responsible for some of the same conduct as alleged against Kioti. 

I'll be curious to see how this turns out.

Marie

PitbullMidwest · Dec 18, 2002

Allis-Chalmers were orange before Kubota, does that mean AGCO is going to sue them?

Robert_in_NY · Dec 18, 2002

Hopefully

Von · Dec 18, 2002

I think Kubota got away with it by painting their tractors two-tone, while Allis-chalmers were all orange. So they are not the same. But the Kioti are painted just like the Kubotas, right down the same shade of paint! See its not nice to fool with the big guys! Now its just a matter of who has the deeper, bigger pockets!

BigDave · Dec 18, 2002

I thought Kioti's had blue frames and Kubota had gray frames? Even I noticed the difference. /w3tcompact/icons/laugh.gif

northcreek2624 · Dec 18, 2002

'I'll be curious to see how this turns out"

It will probably get thrown out like Harley Davidsons attempt to patent their distinctive sound.
I knew Kubota was feeling the heat when they started selling new no-frill models but,I didn't think they would start whining about it.
Maybe Kubota never heard the phrase....Imitation is the sincerest form of flattery.
Mike
PS I once saw a Chevy painted Ford model-T black,the nerve!

frank_f15 · Dec 19, 2002

agree with u MIKE, lets see? /w3tcompact/icons/hmm.gif if they can't paint it orange, then mabey blue, nope NH IS BLUE. so mabey green, nopeJD is green, how about white ? nope cubs are white. red? nope MASSEYS ARE RED, I GOT IT purple/w3tcompact/icons/smile.gif nope longs are purple./w3tcompact/icons/frown.gif get my drift? i like kubota but have to disagree with them on this issue.

ByuBill · Dec 19, 2002

I thought Kioti's had blue frames and Kubota had gray frames? Even I noticed the difference.

OH NO!!!! after reading this I had to go out and take a look. (see attachment) I bought an orange tractor. figured that it had to be a Bota. After all, it is orange. Maybe I should sue the dealer because, duhh, I thought that all orange tractors were Botas. Doesn't my orange and BLUE tractor look like a Bota to you????
Actually, I think that the color is 'Chevy Orange' /w3tcompact/icons/hmm.gif What was that everyone was saying not too long ago about "that other orange tractor"?

TresCrows · Dec 19, 2002

There are many shades of orange, blue, green, red, purple, yellow. I don't think Kioti really needs to use the exact same color of orange and gray. Obviously they do that along with the hood design to draw customers who might otherwise not even stop and look if they did not initially think it was a Kubota. (K)ioti, (K)ubota, the names are even similar. Kitoi could go with a darker orange with gray wheels or something that would distinguish their machines and in the long run a company that builds it's own reputation rather than leeching of anothers reputation will have better success and brand identity and brand identity is a powerful and valuable thing. I am sure if Kioti painted their tractors JD green with bright yellow wheels and fluffy yellow seats and the same hood design there would indeed be arm waving and belly aching from the original green company. J