MikePA
Super Moderator
I'm not a lawyer, I don't even play one on TV, but I have heard that company's usually sue quickly when they believe their trademark/copyright has been stolen, infringed upon, etc. If they do not, then their lack of action can be construed as tacit approval of the similar action by others. I don't know if this is the reason for Kubota's suit or not.
In the other example mentioned, the other motorcycle manufacturers did not 'accidentally' make their V-twin engines sound like a Harley anymore than Kioti 'accidentally' painted their tractors the same shade orange and have the same hood design. In each situation, they clearly wanted to exploit the popularity of Harley and Kubota, respectively. Whether Kubota's suit will be found anymore valid than Harley's remains to be seen. As Pete said, it will keep 2 teams of lawyers busy for quite a while.
In the other example mentioned, the other motorcycle manufacturers did not 'accidentally' make their V-twin engines sound like a Harley anymore than Kioti 'accidentally' painted their tractors the same shade orange and have the same hood design. In each situation, they clearly wanted to exploit the popularity of Harley and Kubota, respectively. Whether Kubota's suit will be found anymore valid than Harley's remains to be seen. As Pete said, it will keep 2 teams of lawyers busy for quite a while.