# No More Ebay Yanmars!!!



## mark777

For those of you that aren't aware, Yanmar attorney's have filed a trademark violation with Ebay demanding the cancellation of advertising of all Yanmar tractor ads. Either private or dealers, a notice has been sent to Ebay subscribers of "notice of cancellation of your ad"

Several dealers and parts suppliers are in a state of shock as a large percentage of Ebay sales generates after sales service and parts sales.

It would seem that Wallace International, had imported and sold Yanmars quite successfully and Yanmar have filed a cease order stopping him from trademark violations.....Yanmar won. That does explain why Zennoh sticker-ed tractors, imported By Wallace are just rebaged Yanmars to circumvent his loss in court??

I am trying to condense a very long legal version and what has been throughly hashed out on other tractor forums, but the gist is If you own or want to buy a Yanmar tractor and considered Ebay for purchase or sales....It's not happening.

There are still a few on Ebay in Canada but it won't be too long before they are contacted with the same order.

Regards, Mark


----------



## Durwood

> _Originally posted by mark777 _
> *For those of you that aren't aware, Yanmar attorney's have filed a trademark violation with Ebay demanding the cancellation of advertising of all Yanmar tractor ads. Either private or dealers, a notice has been sent to Ebay subscribers of "notice of cancellation of your ad"
> 
> Several dealers and parts suppliers are in a state of shock as a large percentage of Ebay sales generates after sales service and parts sales.
> 
> It would seem that Wallace International, had imported and sold Yanmars quite successfully and Yanmar have filed a cease order stopping him from trademark violations.....Yanmar won. That does explain why Zennoh sticker-ed tractors, imported By Wallace are just rebaged Yanmars to circumvent his loss in court??
> 
> I am trying to condense a very long legal version and what has been throughly hashed out on other tractor forums, but the gist is If you own or want to buy a Yanmar tractor and considered Ebay for purchase or sales....It's not happening.
> 
> There are still a few on Ebay in Canada but it won't be too long before they are contacted with the same order.
> 
> Regards, Mark *


I have been keeping up on this Mark and it's hard to believe that Yanmar could legally keep you from selling a used tractor. I think E-bay just caved in to Yanmars lawyers when they should have shown a little backbone and fought it and won. Any company now that doesn't want their used products sold on E-bay just might see an easy victory here. This is not a good thing at all for the consumer. Rumor has it that Yanmar is gonna try to stop dealers from selling them alltogether. Have you heard anything about that? This can't happen in a free sociaty where you can't sell your used tractor if you want to.

Durwood


----------



## mark777

Durwood,

I guess it's academic about Yanmar and their being right or wrong if conglomerates like Ebay fold under any pressure. 

Their (Japan) tax laws and incentives to discontinue the use of used tractors, assist with financial aid and replace their equipment is what stimulates their economy and also what created tens of thousands of tractors used - many with less than a 1000 original (legitimate) hours. There are, quite literally, 45-50 stock piled yards, with a few thousand tractors, waiting to be containerized and sent to dealers right here in the U.S. 

Yanmar can't keep you from buying or selling any tractor....but they can, and have stopped Ebay from allowing you to advertise or purchase via their sites. Yanmar (like Kubota) threatened authorized "Yanmar of America" dealers to stop any research of parts, or providing grey market parts for tractors imported here. The threat was real enough to yank their license and loose their franchise. 

Speculation is Yanmar not wanting to assume any legal recourse for owners without ROPS, PTO guards and controls that work opposite their American counterparts. How many '70's U.S. tractors had ROP's?? Weak argument......It may be about their new product line - some already in California grape vineyards...A new looking tracked tractor with the old prov en reliable 3 cylinder guts that everyone has counted on (including John Deere) for the past three decades. 

Truth is I don't know what their thinking, but I can see whats coming.

Mark


----------



## Chris

Mark, Has this censorship of selling Yanmar's on Ebay remained successful? Can you recommend a decent Yanmar tractor for hogging 5-10 acres max with and without a FEL? Thanks Mark
How is the YM3000 3-cylinder diesel? Seems like a nice unit.


----------



## mark777

Andy, 

I wouldn't say 100% successful. People still use item discriptions like: Yan Mar or Japanese Tractor ect. I have seen grey market tractor ads using YANMAR and not get pulled. I guess they slackened a bit.

The YM3000 and newer model FX28D are good tractors and both 3 cylinder - 33 engine HP.

The YM3110 is a 3 cylinder, 35 engine HP. Drop dead simple and people love them. Especially the "D" models for YM and the "X" models for the F series. Most still available with <1000 original hours.

I don't have anything that big, but if you want prices I can get them or hook you up with an honest dealer...Just let me know.

Mark


----------



## lucypinder

It seems to me if you are an individual selling a tractor that was bought legally in the U.S., then you should be able to sell it on ebay. I would make it clear that you are not a dealer on the listing.
ebay tickets selling


----------



## svcguy

The "no grey market Yanmar sales/support" in the U.S. is due to pressure on Yanmar by their American dealerships. Yanmar sales tanked when grey market machines started flooding in, there was simply no way a U.S. dealer could compete. Many people think the dealers should have taken the lead on import, but Yanmar Japan would have still stepped in because of loss of new Yanmar sales in North America. It was an easy sell to the courts that "non-compliant" tractors should be restricted because of safety issues. The best thing is to simply disregard their whole effort. No one will win on this issue in court but the big boys. Always, always request parts for your Yanmar tractor with a North American model name. Don't say YM 2000, say YM240. Just find your U.S. equiv and order that way - the tractors are identical for any major component. If you want to sell on Ebay, list it as a Japanese tractor and have a picture of what it is. Attached is a picture of a Pasquali walking tractor with the optional "sulky attachment". This allowed an individual to buy a walking tractor and add the sulky attachment (which curiously allowed for driving the rear wheels for 4WD). Now the farmer had a "walking tractor" with 4WD and steering. By doing so, they avoided the heavy taxes associated with four wheel tractors. There will always be those who try to make the practical impossible and those who are practical regardless.

By the way, how about those Italian wheel weights?


----------



## sem

Wonder what they would do if you listed attachments for at a high price to cover the tractor. Like attachments for sale tractor free not to mention Yanmars name


----------



## mrharry

I need a used gearbox or a new/used gearbox casing for a Yanmar 1500d 2cyl. diesel 4x4 Any help/tips available. Thanks Trevor Ling B.C Canada


----------



## winston

Probably needed a new thread here but here is one place to call. http://www.coldwatertractors.com/inventory.html And here is another possibility. http://ymowners.com/phpbb/viewforum.php?f=7 And one more. http://southern-global.com/ Good luck!


----------



## Clay

Wonder when GM, Chrysler, and Ford will sue ebay to stop ads for used vehicles they originally sold? Maybe they'll stop allowing trade-in's too.


----------



## bmaverick

Durwood said:


> I have been keeping up on this Mark and it's hard to believe that Yanmar could legally keep you from selling a used tractor. I think E-bay just caved in to Yanmars lawyers when they should have shown a little backbone and fought it and won. Any company now that doesn't want their used products sold on E-bay just might see an easy victory here. This is not a good thing at all for the consumer. Rumor has it that Yanmar is gonna try to stop dealers from selling them alltogether. Have you heard anything about that? This can't happen in a free sociaty where you can't sell your used tractor if you want to.
> 
> Durwood


Guess what, there is a way to sell a Yanmar on eBay, CraigsList, Autotrader, etc. IF this one rule is followed per the Georgia lawsuit agreement .... 

Read sections 16 & 17 in the "agreement of 2013"

www.fredricksimporting.com/s/agreement2013.pdf

16. YAC agrees to refrain from any interference *in the sale of grey market tractors on websites which list or auction tractors for sale, provided that such tractors are advertised with photographs showing that the tractor has ROPS, a seatbelt, and a plate with a UTDA or Fredricks serial number.* YAC may inquire of Fredricks at any time to confirm the authenticity of the serial number and tractor, and in the event of such inquiry, Fredricks will promptly confirm or deny the authenticity of the tractor. If such authenticity cannot be verified, YAC reserves the right to demand removal of the listing from the website. 

17. YAC agrees that it will not interfere with the sale or re-sale by the Fredericks Parties, *or the sale or re-sale by any customer of the Fredericks Parties, of any tractor retrofitted in compliance with Paragraph 1 above. * YAC further agrees that to the extent any individual or entity is constrained, forbidden or otherwise enjoined from the purchase and resale of Yanmar Gray Market Tractors due to previous written agreements and/or settlements to litigation with YAC or its predecessors, this Settlement shall operate as an exception to any such encumbrances (other than any encumbrances as may be set forth in agreements between Yanmar and its authorized dealers). The foregoing exception to any encumbrances set forth in such previous written agreements and/or litigation settlements shall not otherwise effect or modify the remaining terms and conditions of those written agreements and settlements, and specifically, that any injunction against the sale of Yanmar tractors NOT in compliance with Paragraph I above shall remain in full force and effect. 

I must say, the Fredricks company went the extra effort to protect their customers and/or those who would be willing to upgrade their gray Yanmar to the OSHA standard 1928.52 for ROPS and the other safety info in paragraph 1 of the "agreement". Thus, there is a "legal" way to sell a gray Yanmar, even on EBAY in the :usa:.


----------



## Fredneck

any company in the united states has the right to decide what they will or will not sell.

but the supreme court has repeatedly affirmed the right of a lawful owner of anything legal to resell that item. yanmar has no legal authority to prevent an owner of one of their tractors in this country from selling it.

if ebay, craigslist, or whomever, decide they don't want to be involved, they are entitled to make such a decision. but if i legally own one of their products, yanmar can neither prevent me from selling it, nor can they compel me to obey any terms they specify.

if i own it, in the US, i can sell it.


----------



## bmaverick

Fredneck said:


> any company in the united states has the right to decide what they will or will not sell.


Oh, I would agree with your comments 100%. 

The sticking issue is the import part. No where were these tractors regulated for import entry into the USA, thus the legal liability still befalls onto the manufacture due to injury or death. 

Sure, if something is legally begotten to enter the USA for import and sold, one can resell without any added strings attached. 

The reason why the tractors are called GRAY, is not the color, but the legal standing and import methods they were obtained into this country. 

Yanmar won in the Federal courts, so it would be hard to list a Yanmar gray tractor on eBay, CL Autotrader and such.

Now, the important factor is, Fredricks and the dealers they work with went to bat for gray owners and of course themselves. Yanmar made the agreement of the grays under certain restrictions that must be followed in order to resell. I've only reported a portion of those restrictions for others to follow in the event they too need to sell their tractor down the road. 

Now, Yanmar has made several thousand John Deere CUT tractors. Of course they are green and badged as Deeres'. Most of the early ones have no ROPS nor seatbelts, nor PO shields, etc .... BUT, they did legally enter the USA for import. John Deere accepts the liability for each and everyone sold. This was done ahead of the fact. As for the GRAYS, they came here with no original OE dealer.


----------

