03:21:07am, Saturday, May 18, 2024
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Heritage Iron Magazine
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Registered: 07/20/2008 Posts: 727 |
Anybody hear what's going on with the magazine. I heard a rumor she's facing a lawsuit from John Deere |
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Re: Heritage Iron Magazine
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Why
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Why |
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Re: Heritage Iron Magazine
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Team one
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Most likely because John Deere attacks anyone or any company that might unintentionally make a dime using a photo of a John Deere, info on a John Deere, similar colors on equipment and God only knows what else , long story short is that they think they are on a high horse for some reason and have enough greed to sue over trivial things. |
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Re: Heritage Iron Magazine
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Registered: 03/31/2008 Posts: 762 |
Not sure what is going on in this case, but to protect your trademark you can't let anyone use it without license. Otherwise if someone did use it on say a cheap imported tractor and Deere sued them, Deere would lose if the importer could show that Deere allowed everyone to put it on shirts, websites, and etc. |
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Re: Heritage Iron Magazine
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curious
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So is it legal then to put your pulling tractor on a shirt an sell it, or does it have to be licensed by John Deere? |
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Re: Heritage Iron Magazine
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Wow
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Sounds like they still have a sore spot for what Kinze did to them. |
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Re: Heritage Iron Magazine
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how
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How can gotman and others not build or picture tractors that are not owned by john deere any more. Tinker toy can do want he wants burn it paint it pink ,name it a white or oliver. The magazine is picturing tractor that are not john deeres either there owned by other people. How does ntpa and ppl put that stuff on on teeshirts or on tv.Rfd tv will have a big lawsuit.Once you by the product its yours and you can do what you want with it.This rule with running any block in any color should be the thing they JOHN DEERE should look in to |
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Re: Heritage Iron Magazine
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how
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How come chevy ford or any other big company doesn't sue magazines.The car shows on like gas monkey, fast and loud |
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Re: Heritage Iron Magazine
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Thats the joy of this forum, so we drift off topic, so its a way for some of us to voice our opinions, show our concerns. But the goverment does have some businesses scared of their own shadows at times. Look at the ever changing emissions that the goverment mandates for engine manufactures. These companies dont have the luxury of testing out these requirements over the course of a few model years, they get increasingly stringet year after year and we the consumer pay the ulimate price for these less than tested devices that these companies had to do to satisfy the goverment in order to sell product and stay in buisness. So as far fetched as some might think. The magazine in questions wich clearly has no ties to any one manufacture has to defend its self from one of the heavy weights in agriculture over a picture of a tractor in a calendar. Come on! It that was my tractor in the calender i would one proud owner, but i would also be one &$/?!@ off owner too. Certain bike magazine show case H D motorcyles with other companies engines in them, and H D isnt filling suit. Personally I think the goverment has a big part in the way some large companies operate. |
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Re: Heritage Iron Magazine
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Registered: 03/31/2008 Posts: 762 |
The way I read it the Kinze repower is a painting, not a picture of an actual tractor. It also appears that Deere has trademarked green tractor with yellow wheels and yellow seat, so the pictures that my kids draw of my tractor are in violation of the Deere trademark and I think that is part of what Heritage Iron is arguing - artistic license trumps trademark. |
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Re: Heritage Iron Magazine
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Jason Smith
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Shame on them if they are. It is a great publication and enjoy everything about it. Just one more reason for me not to like GREEN. |
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Re: Heritage Iron Magazine
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Anonymous User
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I'm quite sure that whatever she printed was helpful to the John Deere cause and wasn't derogatory in any way. Wouldn't certain rights such as photos transfer to the owner of the tractor ? You would think that John Deere would have learned something from the lesson that Kinze taught them. Instead maybe John Deere should pay closer attention to their engine parts quality. All engine bearings and bushing are now marked made in Mexico. Wrist pins are now made in Korea and valves are made in Argentina!!! The quality has dropped and it really isn't worth paying the extra money for a John Deere engine kit anymore. |
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Re: Heritage Iron Magazine
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A.P.
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Green isn't the problem, the problem appears to be green and yellow. If you want a bit more detail check out the following webpage, "http://www.courthousenews.com/2014/04/09/66918.htm", that gets into some of the details. |
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Re: Heritage Iron Magazine
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Registered: 07/20/2008 Posts: 727 |
I do know they went after a local ag equipment mfg from where I'm from for the green and yellow paint combo. Demco mfg. has made green and yellow, Red and Black gravity flow wagons and auger wagons for as long as I can remember but now within the last year or so they have changed to a little darker shade of green with gray accents because of John Deere pressure. I also asked the Gottman toysguy in Dyersville why they don't come out with John Deere pulling tractors, and he said he really tried to get something done with licensing, but they had told him no and don't every call back again. Can you imagine if there were models of Tinker Toy, River Rat, Gettingers up n atom, or Linder Bros, how well they would sell, but Deere said no. |
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Re: Heritage Iron Magazine
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Team one
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Haha I think Deere makes more money selling caps,shirts and key chains then they do equipment, I'm my opinion they can keep it all! |
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Re: Heritage Iron Magazine
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Registered: 06/30/2008 Posts: 186 |
A.P., Am I interpretting the article correctly? It appears Deere's main issue is with the picture showing the Kinze repower kit, thus showing the "public" Deere made a good product but someone else made it better? But the all important question remains...if the same tractor shown with the original Deere engine, would Deere have put up a fuss?
In MHO without even seeing the webpage and picture causing the issue, if Deere chooses to pursue this, then they had better go back and review every agricutlure periodical known to man for as far back as time would allow and make sure they "secure compensation for all unauthorized use to date" for any picture posted with a Deere tractor and non-Deere implement or vice versa. "Kinze repower kit in a Deere tractor" - reminds me not posting a family picture on the wall that has that one in-law that is not liked. Or did the Deere Hot Button" get pushed.....Kinze |
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Re: Heritage Iron Magazine
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Anonymous User
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I have seen a big difference in some of the things that have been made for years. I do like the magazine and hope everything can be worked out I do know many smaller companies cant spend the money to defend themselves and deere wil push them right out of operation. I personaly think that if they spent more money on quality and less on spipid stuff I would possibiliy buy from them again |
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Re: Heritage Iron Magazine
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Registered: 09/03/2010 Posts: 393 |
JD has built up a good name but have stooped low enough to produce some really crappy cheap made tractor in the last few years to tear down that reputation. A friend of mine purchased a new 6030 JD that was built so cheap and of poor quality that he made them take it back. Worst tractor I ever used to be a new one. They traded him a used 6430 that was a better grade like a premium(??) or something and it is a better tractor but still not what it should be for the cost. Got to love the brand to stay with them I guess. |
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Re: Heritage Iron Magazine
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To clear up some of the confusion with this situation, yes, there is litigation in the works between myself and an equipment manufacturer. In order to be guilty of trademark infringment, you must be creating brand confusion, misrepresenting yourself or be harmful to the brand in question. We have done none of that. We promote the hobby/passion of tractor collecting and restoration. We do not promote any particular brand in Heritage Iron nor do we show favoritism. This all started because of our muscle tractor calendar and the fact that we had a Kinze repower on our website. We do not make any money selling the small amount of calendars that we produce but we feel that we should still have the freedom to produce them and show off your collections and restorations. In the same manner, if you have a green/yellow pulling tractor and want to put it on a t-shirt and sell them at a show or pull, you can NOT do so, according to the owner of that trademark. That is all that I feel comfortable saying at this point. - Heritage Iron (ss) |
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Re: Heritage Iron Magazine
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Jared Davis
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Sherry,
Keep up the good work with the magazine. I received an issue of it and Oliver Heritage for Christmas and it was one of the best Christmas presents I have ever received. What they're doing is very unnecessary and greedy. I will never support their company in the future. Best wishes, Jared Davis |
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Re: Heritage Iron Magazine
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Registered: 09/03/2010 Posts: 393 |
I would say the biggest issue is who the tractor belongs to, after all he did kick their a?? in a lawsuit and Deere is still licking their wounds over it. |
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Re: Heritage Iron Magazine
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low blow
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This is a very low blow by a very big company, come on people I know for one my green tractor is leaving the farm and will be replaced by a tractor of another color before the end of the week. |
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Re: Heritage Iron Magazine
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doubtful
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i seriously doubt your deere is leaving your farm just because of this. and don't think the other color you're getting wouldn't do the same thing deere is in this situation. big business changes a lot of things, and all the colors are big business these days. |
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Re: Heritage Iron Magazine
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red is right
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it.s kinda funny John Deere is giving a magazine trouble for printing a picture of the tractor and for using green and yellow and one tractor company (red) is a major sponsor (NTPA) of the sport. If I was gona buy a new tractor I think I would look at red. |
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Re: Heritage Iron Magazine
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Sherry,
You have my support and i'm a loyal Deere guy. Funny how we all show are support for our brands in pulling and in our collections and this is how we are thanked. I like your magazine, more to read versus the two "deere" magazines i subscribe to.I've been looking at a 1066 hmmmm. |
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Re: Heritage Iron Magazine
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Registered: 06/27/2008 Posts: 83 |
its all how you look at it. I know a lot of guys whom are going away from red because of terrible dealer support and sub par equipment. We really cant judge peoples business decisions until we stand in their shoes for a while. I may not agree with all of deeres decisions, but can see why they do what they do in some ways. |
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Re: Heritage Iron Magazine
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Thats how big buisness operates now a days, there is no support. Its all about sales volume and increases from quarter to quarter. Its just sad that they view things they way they do. I personally wish that Deere would be more involved in the sport than they are, heck awhile back they gave stock car racing a shot, what heck does ag equipment got to do with stock car racing? But they gave it a shot. Maybe it stung them pretty bad? With all that the company can be embrassing they choose to single out a magazine over a picture. Its too bad. Like the magazine, loyal deere collector, harley riding, tobacco chewing , red blooded american. Not a big fan of big business, unfortunately its all around us. |
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Re: Heritage Iron Magazine
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big block
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I agree with you g man, It gets harder and harder to be in business in this country. The government almost seems like they do notwant manufacturing to prosper in the US anymore. |
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Re: Heritage Iron Magazine
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in the weeds
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I love how the topic went from John Deere stopping someone from printing pictures to the government...this has nothing to do with the government........try to stay on topic!!!!!!! |
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Re: Heritage Iron Magazine
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Just a short observation. Seems to me that printed material including pictures on a calendar would be protected under the First Amendment of the US Constitution regardless of copyright laws. What does anyone else think? Am I off base on that? |
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Re: Heritage Iron Magazine
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Moderator Registered: 01/11/2009 Posts: 1,579 |
From my perspective all tractor magazines are reporting news in some form or fashion and I am quite ignorant to the nuances that would predispose an oem to find issue with reporting simple factual information. If a publication were to however malign an oem with hearsay in text or alter a photo that disparaged an oem and report it as fact then the door is wide open to litigation and overstepping bounds of free speech. We all have a right to say what we want how we want but the understanding must be that there are repercussions be they social or litigious on either a civil or in extreme circumstances criminal for some statements. I applaud the work and content of Heritage Iron as it sets a standard in tractor publications that I aspire to in the products I represent. Bryan Lively - 
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Re: Heritage Iron Magazine
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Posts: 756 |
One of my friends from Havre Montana is a pencil artist, He does LOTS of drawings of tractors and equipment working in the fields of northern Montana wheat country. He had a display of his art at a kiosk in the StPaul airport. Some suit from CaseIH saw his work and sent him a cease and desist letter. At the same time Agco had him as a feature in one of their publications. Since CaseIH gave him permission to draw and sell artwork featuring Case or IH tractors. I hope that Sherry will be done with this mess shortly. |
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