On July 23, 2012, Yanmar America Corporation filed a lawsuit (available here) in the Northern District of Texas against Big Red’s Equipment. Yanmar claims that Big Red’s sells “gray market” Yanmar tractors “in a manner that violates [Yanmar’s] valuable intellectual property rights, damages [Yanmar’s] business relationship, and subjects [Yanmar] to unfair competition and lost profits, irreparable, and other monetary damages.” “Gray market” goods are, according to Yanmar, items manufactured abroad and bearing the trademark owner’s authentic mark but important for resale in this country without the trademark owner’s consent.
Big Red’s owner allegedly told Yanmar’s investigator that Big Red’s buys the Yanmar tractors in Asian, imports them from Vietnam, and then “refurbishes” them. Yanmar asserts various causes of action arising under the Lanham Act, including trademark infringement, against Big Red’s.
Judge Means has been assigned the case.
Yanmar America Corporation is represented by Stratton Horres, Jr., William Akins, and Valeri Williams, all of Wilson Elser Moskowitz Edelman & Dicker LLP.