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Old 09-26-2004, 09:19 PM
Terrel L. Shields's Avatar
Terrel L. Shields Terrel L. Shields is online now
 
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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.
FYI - Kubota (japanese) and Kioti (Korean by same company who builds Kia cars) tractors are orange-red.

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 2001. The suit is settled. 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 post-99 Kubota color. It was a random split...no body could tell the difference. Our courts were tied up over the issue of what shade of orange a tractor should be....does anyone else think this insane?
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Old 09-26-2004, 11:25 PM
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:rainfro: :rainfro: :P

:redface: B) <_< :asleep: :cry: :question:

I have no opinion on this matter!
  #3  
Old 09-26-2004, 11:35 PM
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Until recently, I thought that all tractors should be Orange (AC) or Red (MF) ..... I have since discovered the joys of Green and don't care what color they paint their @@#$#!#$@#$%$!#$!$%$$@!#$#$!$!#$!#$ Japanese or Korean or Russian tractors ......
  #4  
Old 09-27-2004, 08:04 AM
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as long as no one has to take money out of their pocket for "court expense" this will go on forever.

Funniest thing is, these folk who run the Court System are highly edumacated, spend years in school and have no interest in not "wasting" public funds. Considering how many times one item is "taxed" - it's easy to see how these "unlimited" Funds can be wasted, because the "public" has not risen up against it, since the days of the "Boston Tea Party".

the curren political foo fara, is the best example as to why other country's around the world, hate us. The stupidity of this hoopla and monies wasted is pathetic.


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Old 09-27-2004, 09:15 AM
Terrel L. Shields's Avatar
Terrel L. Shields Terrel L. Shields is online now
 
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Patti said
Quote:
I have no opinion on this matter!
The "Jury" is out?? :P

Doug said
Quote:
don't care what color they paint their @@#$#!#$@#$%$!#$!$%$$@!#$#$!$!#$!#$ Japanese or Korean or Russian tractors
There is no paint color for an American Tractor because there are no American built tractors.

My John Deere had a French engine, German injector pump, and was built in Italy.

The suit is likely the result of the fact Kioti is getting an increasingly larger Market share and a rumor once started that Kioti's were just Kubotas built in Korea.

It took Two years and a month to say "No." in the suit against me. That lawsuit should have been done in 60 days, the plaintiffs should have had to pay all court costs and a punitive fee for the utter waste of time. As the court said, they were free to ignore
Quote:
"unwarranted inferences and sweeping legal conclusions cast in the form of factual allegations."
Not one single fact was presented. All the claims were speculative- mostly wild allegations such that I told someone at the bank days before I set foot on the place what the appraised price would be and that I only used the amount of the previous owner's mortgage to arrive at a value estimate. Our courts are clogged with this crap.
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