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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
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