David Silver

[AshimotoK0]

Anyone know what this was all about?

http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/4317-honda-v-david-silver.htm

Best regards,


Ash

[UK Pete]

I hate the wording on these things what with me being thick , did he win or lose
Pete

[SteveD CB500K0]

Neither, yet.

It looks like he asked for a "summary judgment" which is basically asking the judge to throw out the case before trial.

The judge dismissed the application (by DSS) so the case proceeds to court.

I can't make out what Honda are moaning about - seems pretty petty to me.

[Bryanj]

Honda are moaning that Dave is buying genuine parts outside the EU at cheaper prices then importing them for resale and because they are not making their huge cut of profit they are trying to say selling them as "Honda" is infringing the trade mark, very petty but a legal point that if proven in Honda's favour is going to cost us poor sods an absolute fortune!!!

[captaindonutbikes]

man vs machine, quite literally.

would be a real shame if they won this. 

[the-chauffeur]

Hmmm.  The global economic downturn is obviously taking its toll on the big H . . .  

Isn't this the same sort of action that Levis took against one of the major supermarkets a while back, where the supermarket was basically buying stock from non-EC/EEA countries and selling 'grey' import jeans at a fraction of high street retailers?  I can't remember the outcome, but the situation sounds very similar.

My guess is that the outcome is likely to depend on whether Silver has been/is buying stock from businesses that are still solvent overseas and then selling it through his UK operation.  Honda's options are almost certainly limited when it comes to the resale of bankrupt stock (something Silver specialised in). However, if he's been buying in bits through eastern European or Asian suppliers (I somehow doubt US sources would be cheaper) and selling on, chances are he's going to be on shaky legal ground.  

Having said that, he's already stocking/selling a fair number of non-Honda aftermarket parts, and if Honda get stupid, he can just go round them to the original suppliers.  Honda is only likely to be arguing over bits it still sells (and therefore can show he's depriving it of business opportunity), so you'd kinda hope the damages - if H wins - would be relatively limited.

But whatever the outcome, there's likely repercussions in the to be a relationship department between the two.  And that's really not good.

[Seamus]

How about the damage it does to Honda's reputation and brand loyalty. We (Honda) don't like people selling our bits at less than we do, especially as we add a special EU price to them.

Kinda puts you off the brand, being screwed for parts that can be sold elsewhere in the world at less than you have to pay in the EU.

[SteveD CB500K0]

I don't think they care too much about a few sad classic bike fans...

It was Tesco vs Levi by the way - can't remember who won.

[florence]

I haven't bought parts from Honda for years.  The last time I went into a honda dealer to ask for parts, when I told him what model we were talking about, the guy nearly fell off his stool .  He was not able to help me because the machine was too old.  I always get my parts from David Silver Spares or breakers.

[matthewmosse]

I also found Honda dealerships were far from satisfactory for ordering parts. Dave silver offers an essential means for a lot of us to keep our machines running long after the dealerships have ceaced to carry parts or service older machines. It definately detracts from the big H's immage in my books as Dave Silver has had a massive inpact on their brands positive immage in the UK - just think of all the neat looking resto's of old bikes that mean the public are constantly reminded of the quality of the brand. Most of the parts used were discontinued by Honda years ago so it's not like they are loosing any sales.

[gamma]

best I get that order in soon then

[AshimotoK0]

Seems i have got our American guys fired up on this one !!!!!!!!

http://forums.sohc4.net/index.php?topic=78388.0

[BigAl (Alan)]

Its going to cost us. I bought an exhaust pipe (HM 341) from David Silver in 2008

[Bryanj]

I think you will find that Daves exhaust prices have gone up 'cos Hondas did, i bought a set of 500/4 exhaust from my local dealer at exactly the same price DS sold at as long as i paid cash with order

[AshimotoK0]

Another link

http://www.mablaw.com/2010/08/parallel-importer-brand-burden-proof-exhaustio-honda-v-david-silver-spares/