Color war. . - L.A. Stories - Kubota Tractor Corp suies Daedong USA Inc Kioti Tractors - Brief Article
Author: Los Angeles Business Journal

A tractor by any other name... just can't share my color.

Kubota Tractor Corp., the Torrance-based U.S. arm of Japan's Kubota Corp., has sued another tractor company it claims violates its trademark: The color orange.

Kubota, which distributes small tractors, filed the suit in U.S. District Court, Eastern District of California in Fresno, against Wilson, N.C.-based Daedong USA Inc., doing business as Kioti Tractors, a subsidiary of Daedong Industrial Co. Ltd. in Korea.

"Color is a very strong identifier of source in the tractor industry and is especially important to purchasers, who will often refer to tractors by color as readily as by name," the suit says.

A Kubota spokesman had no comment, and Kioti officials transferred calls to their attorney, Allen Kim, who did not return calls.

Kubota is also claiming that Kioti tractors violate its trademark hoods. Kubota is demanding Kioti stop making and distributing the tractors with its trademarks, recall the infringing tractors and award it compensatory and punitive damages.