Comparison Yanmar lawsuit.

[winston1]

I'm sure all of us grey market owners are watching this thread and Yanmars lawsuits with great interest. I've no idea how all this will turn out but I do know if I loose parts support for my tractor I will no longer be an admirer of Yanmar. I just wonder if Yanmar has considered the feelings of the buyers?

 

[rhett]

excerpt from: Farm Safety | Environmental, Health and Safety Services | Virginia Tech

Some tractors are exempt from the ROPS requirement, which became effective on October 25th, 1976.

* Tractors with 20 horsepower or less,
* Tractors with mounted equipment that is incompatible with a ROPS cab or frame,
* Low-profile tractors used in orchards, vineyards, farm buildings, or greenhouses where the clearance of the frame/cab would interfere with normal operations. Note: If the low-profile tractor will be used in other locations, it must be equipped with a ROPS.

notice within line 40 from the above listed pdf, a "YM2610D" is referenced, not a smaller hp unit.

notice line 1 from the above listed pdf, did you know the US granted citizenship to a Jap Corporation? What is that?

 

[kenmac]

I to expect this Yanmar suit is more involved than the few details. Having the selling dealers buy back the equipment is a non starter for sure.

That's what's in the filing. I doubt that they will be able to buy back after all the legal fees. Unless they ( all the dealers) have mega$$$$$ yanmar will break most if not all parts sellers with legal fees. When you come down to it. It's all about the $$$ yanmar is (as they state) loosing alot of $$$ on tractors & parts. Why else would they be asking for all profits that were made from tractors & parts

 

[houstonscott]

Since Yanmar has not been in the American market until just a few days ago, I don't see how they can be effected financially at all, indeed I would argue that the gray market tractors have built the following and reputation that Yanmar enjoys now in USA, and will fully exploit it by finally selling hear directly. In other words the only reason I know anything at all about Yanmar tractors their reliability and began to investigate Yanmar as a possible small tractor purchase is because of the grey market supply here in the USA. It's the only reason there is a demand now for Yanmar to come to USA, people want a new Yanmar, to include the colors. The grey market guys have built the Yanmar name here, not sure who should pay whom here.

HS

 

[Gale Hawkins]

excerpt from: Farm Safety | Environmental, Health and Safety Services | Virginia Tech

Some tractors are exempt from the ROPS requirement, which became effective on October 25th, 1976.

* Tractors with 20 horsepower or less,
* Tractors with mounted equipment that is incompatible with a ROPS cab or frame,
* Low-profile tractors used in orchards, vineyards, farm buildings, or greenhouses where the clearance of the frame/cab would interfere with normal operations. Note: If the low-profile tractor will be used in other locations, it must be equipped with a ROPS.

notice within line 40 from the above listed pdf, a "YM2610D" is referenced, not a smaller hp unit.

notice line 1 from the above listed pdf, did you know the US granted citizenship to a Jap Corporation? What is that?

In 1992 I bought the orchard model Zetor new. It came without ROPS and downdraft exhaust and was easier for me to get on since about 10 months prior I had had a double hip replacement.

Later Zetor sent me a registered letter offering a ROPS for $600 but I never purchased it before I sold the tractor. I am sure the registered letter was to cover them legally.

As to Yanmar I am they have good reasons for the suit but unless they are going to "dump" into the USA in these down times I see the suit as perhaps cooking their 'goose'. It is hidden agendas that one can never be sure about. :thumbsup:

 

[284 International]

I found some articles about Futian and their importers getting sued for importing tractors very similar to some New Holland machines. http://info.usitc.gov/ouii/public/337inv.nsf/RemOrd/486/$File/337ta4861.PDF

https://docs.google.com/viewer?a=v&...oj0HsD&sig=AHIEtbQJvZgKWzqn1yWc1lAay3HspFBMrA

The Futian suit seemed to be about a machine built by another company that duplicated or at least appeared to be the same as, another company's product.

The Yanmar situation seems somewhat akin to the importation of non-US market camera equipment. Nikon has, for years, fought the importation of otherwise identical equipment sold at lower prices. They have been unsuccessful, since the product is not illegal to own in this country. There is no trademark infringement, since the cameras are Nikons, they just haven't gone through Nikon's distribution network.

I really hope the dealers are able to get a judgment in accordance with what is right: a legal product should be able to be bought and sold by whomever lawfully owns it at the time. It does not infringe anyone's trademark to sell products they made.

 

[Rainbody]

"blue, use of the colors w]l1ite and black, the particular placement and juxtaposition of the blue, white and blac1~ colors on the tractors and their wheels, the placement of all lettering and numbering in white against a black background in the same location on the side of the hood, and design features, namely, the silhouette, or profile, of the hood, and horizontal curved flares on the sides of the hood."

So it looked close to a NH but wasn't one. If these go through courts successfully, what's to stop auto makers from the same? There's a lot of cars that look like each other.

 

[Scooby074]

"blue, use of the colors w]l1ite and black, the particular placement and juxtaposition of the blue, white and blac1~ colors on the tractors and their wheels, the placement of all lettering and numbering in white against a black background in the same location on the side of the hood, and design features, namely, the silhouette, or profile, of the hood, and horizontal curved flares on the sides of the hood."

So it looked close to a NH but wasn't one. If these go through courts successfully, what's to stop auto makers from the same? There's a lot of cars that look like each other.

Not autos, but you should look up the Apple patent lawsuit currently against Samsung. "Its got round corners!!! We're suing!!!"

 

[clemsonfor]

HS I agree there is more than currently meets the eye and must be some strong evidence to support the charges or the cases will be tossed. There was a case in recent years where a knock off of some Ford tractor model was being shipped into the US from China but I do not know how that turned out.

There are stories of many products being farmed out to China to be produced but the factories just keep producing the products after all the tooling costs have been paid by the legit owner of the products and they flood the market with the same produce. Sometimes they change the name and color of the paint but not always perhaps. They seem to see everything is in public domain.

U sure your not talking about Farmtrac, they either bought or reproduced older ford tractors as the patent ran our or they owned it or something? They were an indian (maybe korean) company but they left the country and left their dealers high and dry. There is little source for parts i beleive other than what ford parts may fit?

 

[clemsonfor]

Its funny how Yanmar says in their lawsuit that: "Yanmar alleges that YCL manufactures tractors specifically for distribution in Japan ("Japanese Local Market YANMARｮ tractors") that are used primarily in flat, muddy rice paddies and are typically equipped with only a small rotary tiller. Yanmar claims that the YANMARｮ tractors sold in the United States are materially different, are intended for use in agriculture and construction on a variety of terrains, and include front end loaders, backhoes, and large rotary mowers."

My Bolens Tractor came off the exact same assembly line as the Iseki tractors that they intended for use in Japan, and they sold them in the US around the same time that your tractors were manufactured. In fact, I think that if you look at just about any big brand of tractor, you will see that they have an identical model that is for sale in very different agricultural markets around the world, and rice is not all that they farm in Japan..

The US version of the YM2000 is the YM240. THE only difference is i think a 2 speed PTO, it has an internal overrun clutch in the trans and they fuel lever pushes foward to increase rpm's vs pull toward you on the grey model. And paint color is different. Other than that they are the exact same model! Well the US version came with R1 ag tires instead of rice tires (r3's).