Paint wars

   / Paint wars #1  

Jim_in_Omaha

Gold Member
Joined
Nov 25, 2003
Messages
297
Location
Omaha area
Tractor
LK3054
After reading the lawsuit posts I think I'll paint my LK3054 green and make it sound like a Harley... /forums/images/graemlins/laugh.gif

Jim
 
   / Paint wars #2  
Your tractor is more refined than my Harley! I hope Massey or Mahindra won't sue me over my color choice.
 

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   / Paint wars #3  
</font><font color="blue" class="small">( Your tractor is more refined than my Harley! I hope Massey or Mahindra won't sue me over my color choice.
)</font>
Oooo dat's nice.
 
   / Paint wars #4  
I am going to paint mine red, green, orange , blue, yellow stripes but i will uses the best paint regardless of its cost, it may turn out to be the cheaper paint. /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif
 
   / Paint wars #5  
</font><font color="blue" class="small">(
PRESS RELEASE REGARDING SETTLEMENT IN KUBOTA V. DAEDONG (KIOTI) CASE

Kubota Corporation and Kubota Tractor Corporation, on the one hand, and Daedong Industrial Co., Ltd. and Daedong-USA, Inc., on the other hand, have settled the lawsuit filed by Kubota in August 2002 in Federal District Court in Fresno, California.

The lawsuit alleged, among other things, that certain aspects of the appearance of Daedong's Kioti tractors infringed trade dress and other rights that Kubota asserted exist in Kubota's tractors. Daedong is taking certain steps that Kubota believes will address its concerns.

Kubota wishes to once again inform consumers that there is no relationship between Kubota and Daedong or their respective products. Kubota and Daedong are completely separate and unrelated companies. Kubota did not design and does not manufacture the engine or any other component of any Kioti tractors, and Kubota dealers have no obligation to honor warranties on Kioti tractors. Kubota does not authorize its parts to be used on Kioti tractors.
)</font>


The crux of the suit above revolved around Kubota suing Kioti over the color. Nothing else was really an issue. Kioti used the same color since 1986 which was a darker shade of orange [similar to old Allis-Chalmbers burnt Orange] than Kubota. In 1999, Kubota changed its color slightly making it even more similar to Kioti, but Kubota sued Kioti in 2002±. The suit is settled. /forums/images/graemlins/cool.gif Kioti tractors will now be a slightly difference shade of burnt orange. In a test on Kioti dealers they were asked to pick the new Kioti color, the old kioti color and the new Kubota color. It was a random split...nobody could tell the difference. /forums/images/graemlins/confused.gif Our courts were tied up over the issue of what shade of orange a tractor should be....does anyone else think this insane? Didn't Kubota have something better to do? /forums/images/graemlins/mad.gif /forums/images/graemlins/mad.gif /forums/images/graemlins/mad.gif
 
   / Paint wars #6  
</font><font color="blue" class="small">( The crux of the suit above revolved around Kubota suing Kioti over the color. Nothing else was really an issue. )</font>
Here is a copy of notice of the original lawsuit. Note that hood design was also an issue as well as unfair competition.

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.
 
   / Paint wars #7  
Time to put this subject to bed ! It's over . Period .
Bringing up this subject only seems to bring out the worst type of posts . None of which serves any purpose ,other than to perpetuate arguement and inuendo . John
 
   / Paint wars #8  
I agree with Nixon, the lawyers made enough from both companies. I read that Kioti is having a price increase around the 1st of October. I assume Kubota will have one too. This is of course to help pay for all the attorneys billing each company about $350 per hour for their services etc. The winner here:.......The Attorneys!

Build your tractor and sell it on it's own merits and qualities and values. Since I collect firearms, it sort of reminds me of the arguments I've heard over Taurus and Beretta pistols. I own several of each, and I like them both. Neither happen to be my favorite sidearm, but that's not the point. /forums/images/graemlins/grin.gif
 
   / Paint wars #9  
</font><font color="blue" class="small">( Time to put this subject to bed ! It's over . Period .
Bringing up this subject only seems to bring out the worst type of posts . )</font>
Didn't notice any posts that seemed to be "worst" but this one. No one said anything out of the way, so I don't understand your ire.
There was interest in the whole thing, obviously, and people wanted to know what happened.
John
 
   / Paint wars #10  
Nixon was referring to the Kioti lawsuit thread that was closed. Which then spun-off this thread and the Mahindra-Kioti thread. The Mahindra-Kioti thread was then deleted. IMO, Nixon makes a valid point.

Don
 

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