• Gray Market Tractors
  • Court Decision...
US Court of Appeals Decision
"Gray Market" - Used Kubota Tractors
 

The Court of Appeals for the Federal Circuit in Washington, D.C. ruled in Kubota's favor and affirmed the 1997 decision of the United States Trade Commission prohibiting the further importation into the United States of Kubota "gray market" tractors under 50 PTO horsepower.

Kubota initiated this legal action because the unauthorized importation, distribution and sale of Kubota "gray market" tractors by individuals or companies independent of Kubota adversely affected Kubota's reputation in the United States and with the United States consumer. Following an extensive evidentiary hearing in the Fall of 1996, the United States International Trade Commission affirmed a finding by the Administrative Law Judge that the importation, distribution and sale of these "gray market" tractors infringed upon Kubota's registered trademark, issued a General Exclusion Order prohibiting further importation, and issued various Cease and Desist Orders against the respondents. The Court of Appeals affirmed the Commission decision.

Kubota intends to continue its efforts to ensure that the Orders of the United States Government, in this regard, are fully enforced.

If you have any questions concerning this matter, please contact our General Counsel:

Mr. Richard Briggs
c/o Kubota Tractor Corporation
3401 Del Amo Blvd.
Torrance, California 90503
Phone Number: (310)370-3370