kioti lawsuit

bigeasy · Aug 17, 2004

I have gotten some information that Kioti has lost there Law Suit with Kubota
Has any body else heard any thing about this\

/forums/images/graemlins/blush.gif

sweettractors · Aug 17, 2004

Would you mind sharing that exact information and its source with us? It would be a + if you would fill out your profile, so we can get a idea of what your interests are?--Ken Sweet
Sweet Farm Equipment LLC *New and Used Tractors and Equipment for 28 Years*

Cliff_Johns · Aug 17, 2004

The kubota web site still carries their press release about the law suit being initiated, but has nothing of it being completed. Seems unlikely that if they won, they would keep mum on it though sometimes that is part of a settlement.

The lawsuit is only a couple years old, so I think we will be waiting another year or so for it to be resolved. The lawyers need to burn more hours yet.

Cliff

powerstroke2000 · Sep 13, 2004

for those interested:
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.

Other terms of the settlement are confidential.

Cliff_Johns · Sep 13, 2004

( Daedong is taking certain steps that Kubota believes will address its concerns. )

Anyone want to guess what those "certain steps" will be? Perhaps on each Kioti will be stamped the ebay-style message "Not a Kubota."

Cliff

KiotiJohn · Sep 13, 2004

( Anyone want to guess what those "certain steps" will be? Perhaps on each Kioti will be stamped the ebay-style message "Not a Kubota.")
They'll probably just extend their sloped hood design to the other models and maybe change the shade of the orange a little more. Not that the two oranges are really all that close, but it was a part of the original suit. John

OrangeGuy · Sep 13, 2004

Based on my experience with trade dress lawsuits, I would expect that Kiotis in the near future will change appearance and color. We all have to admit that it would take a double take to determine if an orange tractor viewed from a short distance was a Kubota or a Kioti.

Kioti needs to stop behaving like a third-world company and stand on their own laurels. Based on the comments of many TBNers, they should no longer need to ride on Kubota's coat tails.

OrangeGuy

shoppintractors · Sep 13, 2004

Kioti needs to stop behaving like a third-world company and stand on their own laurels. 

I'm not quite understanding this statement. You may need to familiarize yourself with the CK Line of Kioti tractors. Heck, from a short distance I can't tell the difference between a blue Ford and similar blue Chevy. I'm amazed Allis Chalmer's hasn't resurrected and come after Kubota for using their color. /forums/images/graemlins/shocked.gif

Don

NIXON · Sep 13, 2004

Other than color , I don't think Kioti is riding on any ones "coat Tales" . They seem to have a very good basic tractor , with a lot of performance, for a very competitive price .
I don't think that it's Kioti that's behaving in a third world manner .
Besides, If you can't tell the difference at a short range .... maybe it's time for an eye exam /forums/images/graemlins/smile.gif

shoppintractors · Sep 13, 2004

Here's Daedong/Kioti's press release. Very similar, but slightly different than the one posted above, which is Kubota's press release:

 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 that was pending between them 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 vigorously disputed these allegations.

Daedong 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 companies, and there is no manufacturing or engineering relationship of any kind between Kubota and Daedong. Accordingly, neither company’s dealers are obligated to honor warranties on the other company’s products, and neither company authorizes its parts to be used on the other company’s tractors.

Other terms of the settlement are confidential.


Don

daedong · Sep 13, 2004

Kubota Corporation and Kubota Tractor Corporation,............. I think they lost /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif

Thats my perception anyhow /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif

Round one, where's round 2 /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif

I do not like bullies.......... /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif

KiotiJohn · Sep 13, 2004

( Thats my perception anyhow
Round one, where's round 2
I do not like bullies.......... )
Kubota has a history of playing hardball. They won't even consider helping a consumer with parts for a gray market Kubota. I agree also with Don about telling the difference between a lot of vehicle types.
I think the thing that got Kubota the most was the misrepresentations that a lot of early Kioti dealer's were engaging in, telling buyers that the Kioties were really Kubotas in disguise (or at least some disguise) which Kioti attempted to quell. We've even had posters here tell us how the dealer told them the Kioti was a Kubota, and one poster even said, "It says right on the side of my tractor, Kubota."
That was another law suit the Kubota had pursued and some dealers lost in that one. John

Dargo · Sep 13, 2004

You know Kia Motor Company and Hyundai has taken several "styling cues" from a certain Mercedes vehicle in order to help move their product. Good marketing or riding the coat tails for those who want a Mercedes but cannot afford one? You decide. I doubt if it is illegal, however I spoke with a Kia sales person who informed me that everyone knows that Kia is now of the same quality of the Mercedes and otherwise you are just paying for the Mercedes name. Hmm, a Kia is certainly not a Yugo, but I'll draw my own conclusions about it being every bit as good as a Mercedes! Obviously you are open to draw your own conclusions with cars and tractors. Afterall, we live in a free economy! /forums/images/graemlins/grin.gif You can fool all of the people some of the time, and you can fool some of the people all of the time. /forums/images/graemlins/blush.gif It is all in the good name of salesmanship!

To20Chris · Sep 14, 2004

Uh, it's hard to tell the difference at a glance between several other automobiles and a Mercedes, like for instance a Lexus. And I gaurentee that Mercedes takes THEM very seriously! Kubota obviouly is quite concerned about Kioti, or the silly suit would not have happened. Kioti quality IS every bit as good as Kubota. Sorry you paid too much.

daedong · Sep 14, 2004

I think you talk waffle, Mercedes vehicles in my opinion are a nasty peices of metal for there cost, I own 2 Kia cars, they cost me 1/3 of what mercedes would have cost and will last as long or even longer. /forums/images/graemlins/blush.gif /forums/images/graemlins/blush.gif /forums/images/graemlins/blush.gif

MessickFarmEqu · Sep 14, 2004

You guys are slow, this was posted on other websites 2-3 weeks ago. I have tried to find out more details about this but haven't been able to. I'm curious to see if there are styling changes. No doubt they are riding on coat tails, but I don't think that has to carry such a negitive connotation. All startup companies do this to a degree. If it was just the color I bet they would get by, its the business of telling people that it is a Kubota that puts it over the edge.

shoppintractors · Sep 14, 2004

You guys are slow, this was posted on other websites 2-3 weeks ago. 

That's because this is yesterday's, actually yester-years, news. Your the one that's hypin' it.

This rates right up there with a yawn. /forums/images/graemlins/smirk.gif

Don

Dargo · Sep 14, 2004

To20Chris: LOL! If it is as good or better, why does it get absolutely blistered on resale?? You likely have a nice tractor, but you are just fooling yourself to think that it is in the same league as a John Deere or Kubota. Ya know, there is a reason for some of the price difference. As I said previously, and I shouldn't have picked on Kia, but Kia has come up tremendously in quality but are still fighting the stigma of being "cheap Korean junk". I spent all day with my buddy who owns a Kia dealership, and he told me that the Kia's are quickly approaching the quality of his domestic franchised vehicles. However, they are still not like a Lexus. For good or bad, in my opinion, it is only smart business to take into consideration the quality of the item you are purchasing as well as it's desirability and resale value. Unless, of course, you want to consider it a "throw away product". Then resale value does not come into the equation. I buy with my brain and not my wallet. /forums/images/graemlins/grin.gif Yeehaa, that ought ta fire you up! If it was a better product and it had good parts availability and held a good resale value, I'd buy a Russian Zil to drive. I'm not necessarily a Kubota fan at all, I buy the best quality product that is going to be the most economical in the long run. Obviously we disagree on that. So be it. No problem or hard feelings on my side! /forums/images/graemlins/grin.gif

rtimgray · Sep 14, 2004

I feel that after owning both a Kubota and a Kioti, the Kioti is easily a match for Kubota in quality. I wouldn't claim either to be superior to the other - it's a level playing field. As for resale, that can only be explained due to name recognition - JD, NH, and Kubota have it, Kioti does not yet. That also explains the (generally spoken about and factual in my case) lower initial cost of a Kioti versus JD/NH/Kubota. If I were like you and couldn't pick out a tractor that could serve my needs for more than a year or two, I would certainly overpay for the brand name so that I could get somebody else to take it off my hands in a year of two (after all, if you shell out extra bucks for the brand name, so should other folks - "There's one born every minute").

Kioti is easily in the same league as JD or Kubota in overall tractor quality, although they still lag in dealer network. I can only assume that folks such as yourself that paid more to get less must have to console themselves by stating that they got a much better quality product, as is obvious by such objective clarifications as "better feel, better drive feel, better fit and finish" instead of nuts and bolts facts. As long as it helps you sleep at night, that's a good security blanket for an obviously very insecure person.

shoppintractors · Sep 14, 2004

I buy the best quality product that is going to be the most economical in the long run. 

From another Dargo post....

I have my first issue with the 5030. Anybody else have the foot control for the HST become too sensitive? I can't mow or use my tractor at all now unless I use the cruise control. Otherwise, it is so jerky it practically slams my head off of the windshield and rear window alternatively. 

hmmm.......

Me thinks people that live in glass Kubota houses should not throw stones.... /forums/images/graemlins/tongue.gif

Don