Lack of Yanmar Tractors?

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   / Lack of Yanmar Tractors? #51  
I'll try and answer both posts.
</font><font color="blue" class="small">( You see things different than me.. I read these documents and conclude that Yanmar is saying that you can not sell any grey in the us period.....You say that it does not effect Joe down the street????
I don't understand your thinking.....)</font>
First, Yanmar can tell eBay whatever they want, it doesn't make it fact. Yanmar has a ruling involving a guy who was importing tractors and had an obviously un-authorized chain of "Yanmar" dealerships. That 1) means it is illegal for Wallace to import and sell Yanmars and 2) sets precedence as far as future lawsuits against importers and/or dealers are concerned. This does NOT mean that any governing body has passed a law forbidding the PRIVATE ownership, purchase, or sale of these tractors. Every indication given is that eBay VOLUNTARILY complied with Yanmar's request, most likely to simply avoid the expense of any potential lawsuit or investigation. That's their perogative. This ruling also currently only affects Yanmar manufactured tractors. It can however be used by other OEMs in lawsuits if they too choose to pursue this path. How does this affect you? Well, it may be difficult for you to re-sell your tractor on eBay (although they are still being sold on eBay) and in the future you may not be able to go to a "grey Yanmar dealer" to buy another tractor. Neither Yanmar nor the police are going to show up at your house to confiscate your tractor. If you put a for sale sign on it in your front lawn, you aren't breaking any current law.
I apparently stand corrected on the aftermarket, but if anyone else were to be treading on thin ice it may end up being them.
</font><font color="blue" class="small">( I wonder why a Japaneese rice farmer who has a good used tractor can export it to the US or else where but we can't buy or sell them... We are talking used... Yanmar made the money that they intended to make when they sold the thing to the Japanees farmer )</font> I doubt the farmers are exporting them. More likely it's a set-up like an auto-auction: the farmer trades it in, the dealership doesn't want it, sends it to auction or an exporter, tractor leaves Japan. Yanmar probably could care less if the tractors go to Viet, China, etc..just the US market. Here they have to spend $ to keep from having to fork over lots of $ in liability suits. In other countries there are no such systems or they are very limited. This most likely has more to do with extra expense tied to these tractors than competition with future sales of new tractors.
</font><font color="blue" class="small">( When they start selling new tractors here I aint buying unless they give me FMV for my used Yanmar )</font> Good luck, I would guess that if they ever do that the number one rule for their dealers will be to stay away from "grey" units or loose their dealership. Now, I could see them give you a token "buy back" if you bought a new one, because they could start removing them from the market that way.
 
   / Lack of Yanmar Tractors?
  • Thread Starter
#52  
Dude you just don't get it. Yanmar is saying that it is illegal to sell grey yanmars in the USA period...... Does not matter if who they are saying it to.....
The farmer line was just to say that it would be the farmers right to what he wanted with his used tractor cuz he owned it. I did not intend or don't think most would assume that I wanted to start an argument on who is exporting Japans used tractors......
I obviously am not asking you to look into your chrystall ball and tell me how this effects me.. I see you don't have a Yanmar so I guess that makes you the all powerful OZ?
What I am saying is that I think Yanmar is wrong. That even though I think that they make great tractors I won't do business with them unless they change.. I am not asking you what you think they might give me for my tractor....Get it....
 
   / Lack of Yanmar Tractors? #53  
Yanmar can say anything they want. However, they do not write US federal, US state, or for that matter Intl laws. They can express their opinion all they want. They have a ruling against a single individual/company who was making money using the sale of their equipment and their name, not a blanket law. They CAN file a lawsuit and take anyone they want to court. If they decide that you are threat to their corporate well being because you own and therefore might sell your 1 tractor, then they might decide to threaten or actually take you to court. I really doubt that's going to happen. I've been involved in patent and trademark applications, patent/trademark defense lawsuits, and product liability lawsuits so although I'm not a lawyer I have some insight into what is going on here. I don't need a crystal ball for the affects I listed for the current private "grey" Yanmar owner. I simply told you what is currently the case. You're correct in that I don't own a Yanmar tractor, but I do own a "grey" Yanmar tiller, so I do have vested interest in this matter. I honestly don't care if you think Yanmar is wrong, all I've been trying to do is help everyone understand what these proceedings mean to them and SO FAR it doesn't mean that a private US citizen owning or selling their personal "grey" Yanmar is doing something illegal. I guess I need apologize for trying to be helpful and prevent a bunch of people from thinking they're now criminals.
 
   / Lack of Yanmar Tractors? #55  
After reading the posts after mine I'm sure of one thing, that is by messing around ebay, after market and factory parts, Yanmar is generateing a negative image for their company. If they ever plan to start selling in the U.S. market again they will spend far more money overcoming this image than they did to infringe on the gray market. It's a shame, they do have a quality product.
Chris
 
   / Lack of Yanmar Tractors? #56  
Ebay's cracked logic that you can't even sell one "branded" item goes against almost any other listing on Ebay..."Perry Ellis" shirts...pull them, they are a name brand!....Ford F-150 for sale...tradmark infringement....sue sue sue sue sue....give a freakin' break! /forums/images/graemlins/confused.gif
 
   / Lack of Yanmar Tractors? #57  
heh... i hope yanmar does start reselling tractors in the US again... I'm about ready to trade in my 1601! I'd like to see the salesperson response when I pull that one in and say, "take a trade in?" /forums/images/graemlins/grin.gif
 
   / Lack of Yanmar Tractors?
  • Thread Starter
#58  
Yup, when they do start selling new eveyone with a grey should go to the closest dealer and demand fair market value as trade in.....
For now ebay folks are just calling all the YM's Zennoh's!!! I hope this works.
 
   / Lack of Yanmar Tractors? #59  
So, Yanmar is protecting its trademark and trade dress (the image of its tractors). Apparently either for liability reasons, or because of agreement in contracts, or to protect its future market or for whatever reason, Yanmar feels it must threaten ebay.

The question is how far they will go. Will yanmar attempt to stop all advertising of yanmar tractors for sale, or will they go for the major publications, or just the importers, or just the viet importers. Who knows. At this point a threat of litigation has caused ebay to shut down auctions. They went after Wallace apparently for setting up a non-Yanmar Yanmar delaership. Ebay is another way for an informal network of non-Yanmar yanmar dealers to work. Eventually bulletin boards on line could be attacked.

Clearly it doesn't seem fair as they actually did make the tractors. No one is counterfieting--just moving the units from one market to another because of oversupply and limited resale in Japan and overcost and limited supply of US made tractors here.

Only time will tell what the Yanmar will do.
 
   / Lack of Yanmar Tractors? #60  
So to summarize what Yanmar USA has done.....

Yanmar USA owns the "Yanmar" trademark in the US. So they control what can be sold under the Yanmar name in the US. Their position is that a Japanese Yanmar is not acceptable as something to be sold as under the Yanmar banner in the US. As far as they're concerned selling the Japanese Yanmar in the US is they same as selling a counterfeit Yanmar (because they say so...and it's their trademark). Based on the link in California's post, if Yanmar Japan and Yanmar USA were unrelated companies, Yanmar USA could have US Customs prevent import of Japanese Yanmar tractors and they would be called black market tractors. Since the companies are related, they can't ask Customs to prevent the import, and they can be imported as "gray." So now Yanmar USA is exerting its trademark rights, trying to prevent the (large scale, at least) sale of these US-unauthorized Yanmar tractors. Mr. Wallace tried to skirt this trademark issue by licensing the "Zen-Noh" trademark himself in the US and importing and selling Yanmars under that brand. Yanmar USA said "no way," if it looks like a gray-market Yanmar tractor then it is one, and you can't sell them here. For whatever reason Mr. Wallace signed a paper agreeing with Yanmar USA and his import business ceased. Now Yanmar USA has approached eBay with the same argument and eBay has agreed to stop facilitating the sale of gray market Yanmars.


Has Yanmar USA shot themselves in the foot by cracking down? I don't think so. We're not the market they're looking for (bargain used equipment buyers) if they decide to sell equipment here again. My guess is that they are trying to limit their liability and the risk to the Yanmar name that could come from a few ugly rollover/PTO fatalities if they tacitly permit import of gray Yanmars. Does this affect us as owners of gray Yanmars? Yes. If the import of gray Yanmars slows or stops, the commercial viability of providing parts will decrease, and parts will be harder to come by. It will also be harder to sell your tractor, because certain sales outlets (eBay and the local gray-market "Yanmar" dealer...but not the FOR SALE sign in the front yard) will likely be unavailable.
 
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