eBay/Craigslist Yanmar Tractors and Ebay

Tractors4u · Mar 14, 2006

You could try the classifieds here on TBN.

VT_Hokie · Mar 15, 2006

It seems to me if you are an individual selling a tractor that was bought legally in the U.S., then you should be able to sell it on ebay. I would make it clear that you are not a dealer on the listing. They should let it go. If not you should have at least generated some contacts before it gets pulled.

BruceR · Mar 16, 2006

Thats how I got mine. Auction was pulled, I emailed seller and was able to buy for several hundred less than his starting bid.

Bruce

California · Mar 16, 2006

( I'm going to be selling my 1700 when I get my loader and top moved over to the 2020 I just bought. I was going to try ebay, but I guess not. -Eddie)

Try it.

Put your contact info - email, phone, whatever, in the listing. Most of your potential customers will know to write that down when they see it, before the auction gets pulled.

Yanmar is exercising their legal right to control ALL use of their trademark. Ebay has a special program to enforce this right when requested by the copyright owner. Yanmar is apparently running continual searches to find the auctions and report them.

The second line of an auction heading, the small type, isn't listed in Ebay's search engine. You might say '17 HP Japanese Compact Tractor' in the auction title and 'similar to YM195' in the second line.

YanmarFever · Mar 17, 2006

Yanmar is exercising their legal right to control ALL use of their trademark. Ebay has a special program to enforce this right when requested by the copyright owner. Yanmar is apparently running continual searches to find the auctions and report them 

We own the trade mark for KUMIAI tractors which are mitsubishis, Are you saying that all we have to do is write to ebay and presto no more KUMIAI tractors are ever sold there again ???

normde2001 · Mar 17, 2006

"We own the trade mark for KUMIAI tractors which are mitsubishis, Are you saying that all we have to do is write to ebay and presto no more KUMIAI tractors are ever sold there again ???"

Thatr's probably true, especially if you are the size of Yanmar, threaten them, (Ebay), with legal action and can back it up.

California · Mar 17, 2006

( Are you saying that all we have to do is write to ebay and presto no more KUMIAI tractors are ever sold there -Ernie)

In effect, yes. Read about Ebay's VERO program. You need to protest each auction that misuses your trademark, and they will kill that auction.

See Ebay's VERO page
Yanmar Ltd used to be listed there. Now their link goes nowhere. They apparently changed their username or hired a search firm to watch auctions.

Here's a link to such a search firm
Net Enforcers - Copyright Enforcement, Copyright Protection, Trademark Protection, Brand Protection, Digital Asset Protection
(I found that when I clicked on 'Kenwood' on the VERO page.)

greatrandini · Mar 17, 2006

It is my opinion that what Yanmar and Ebay are doing is not legally correct. I think they would be legally correct if they were stopping sales of "new" gray market tractors. These are used tractors (even the rebuilds). It seems to me that Yanmar got the money they were entilted to years ago. I don't see that they have any say it what happens to a used tractor. No one is hijacking the Yanmar trademark. Fact is Yanmar built these tractors. I can not see any trademark infringement. The problem is Yanmar and Ebay have big $ for lawyers. Someone could start a class action suit but who would pay for it? Since it is legal to sell used Yanmar tractors which were originally intended for use elsewhere in the USA; it seems that trademark infringement is not the case. Furthermore Ebay extends beyond the boundries of the USA. I just don't get it. I think if they start selling Yanmars here again and I can afford one, I am going to buy a New Holland instead!

michigandon · Mar 21, 2006

The latest trend that I've notciced on "da Bay" is fewer Yanmars for sale and a LOT more "Zen Nohs" and even a few familiar looking No Name Brand Tractors. Hmmm. /forums/images/graemlins/smirk.gif

Tractors4u · Mar 21, 2006

Here is what has been happening. These Yanmars were sold new by Yanmar of Japan. Then they were brought in to the United States. There have been injuries and a couple of deaths associated with the use of these Japanese model Yanmars. Then the lawsuits get directed at Yanmar of America, not Japan. Yanmar of America had nothing to do with these grey market versions and want nothing to do with the lawsuits. Yanmar of America says that using the name Yanmar or any likeness of a Yanmar tractor is trademark infringement. Wayne, LMTC, may want to comment here if I have mis-spoken.