Masterpiece MP-23 Exhaust

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Originally Posted by Sinnertwin

oh, i get the concept, i doubt you actually do.
if you did then you'd understand that companies pay big bucks to protect their brand/s which includes, but not limited to names, shapes, colours, fonts and any other associated media.
But feel free to hammer your point home endlessly, over and over and over and over and over and over and over and over and over and over again.

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Originally Posted by Defcon

The the red and the white, the triangle shape referred to as the 'Rooftop' design . All features of the Marlboro trademark logo on the products. It is the logo! the crest and the marlboro name are not present, but no mistake it is still the logo. Takara would have to change the shape, remove the triangle, and it should be ok.

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So should woollies and bankwest remove a ribbon shape in their ad I saw today that reassembled Marlboro ?

The emblem and the words define it together with the rooftop or ribbon ended design which is a common design just that we are old enough to relate more to a more common scene over another. Like said malboro have not left words or emblem out from their products and the only time they did was bar coding red black white and hence why I said the common shape was not the issue. As we just relate the colours to malboro regardless.

You can patent form but not function. The Marlborough symbol has the form of a white isosceles triangle interfaced against a uniform red background of a specific hue. It's function was to create an instinctive rather than cognitive brand association from their customer base, like the Coke ribbon and Macca's arches.

This symbol has been replicated on Exhaust. Although I disagree with Phillip Morris deciding to proceed with their suit (and generally don't like/agree with cigarette manufacturers), the specifics of the form of the symbol that they paid someone to develop in order to simplify customer association for their brand has been replicated very closely by another company.

It seems straightforward that their lawyers could argue a patent breach.

That said, Although I haven't pre-ordered him yet, I will (I hope - if my wallet isn't in too much pain!) 'cos I think he looks awesome :)

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Originally Posted by Ultra Mackness

You can patent form but not function. The Marlborough symbol has the form of a white isosceles triangle interfaced against a uniform red background of a specific hue. It's function was to create an instinctive rather than cognitive brand association from their customer base, like the Coke ribbon and Macca's arches.

This symbol has been replicated on Exhaust. Although I disagree with Phillip Morris deciding to proceed with their suit (and generally don't like/agree with cigarette manufacturers), the specifics of the form of the symbol that they paid someone to develop in order to simplify customer association for their brand has been replicated very closely by another company.

It seems straightforward that their lawyers could argue a patent breach.

That said, Although I haven't pre-ordered him yet, I will (I hope - if my wallet isn't in too much pain!) 'cos I think he looks awesome :)

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Chimungmung and rk has them.

Again is not pm fault though, is obviously a member had an issue with it and brought it to their attention especially when the words toy and smoke came to them and they just had to do something.

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Originally Posted by drifand

So should woollies and bankwest remove a ribbon shape in their ad I saw today that reassembled Marlboro ?

The emblem and the words define it together with the rooftop or ribbon ended design which is a common design just that we are old enough to relate more to a more common scene over another. Like said malboro have not left words or emblem out from their products and the only time they did was bar coding red black white and hence why I said the common shape was not the issue. As we just relate the colours to malboro regardless.

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I had to look up the Bankwest ad, sorry I don't think its the same use of the shape. Unless I'm not looking at the same ad, Its very small and not the focus of the design. I see your point, sure its a common shape, and could represent a flag or form part of a sign or arrow, there are many uses for it.
The difference is that on Exhaust a definite connection can be made with the Marboro logo. It is inspired by it, it is undeniable. Maybe the everyday person may not recognize it, but the lawyers will!

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Originally Posted by Defcon

I had to look up the Bankwest ad, sorry I don't think its the same use of the shape. Unless I'm not looking at the same ad, Its very small and not the focus of the design. I see your point, sure its a common shape, and could represent a flag or form part of a sign or arrow, there are many uses for it.
The difference is that on Exhaust a definite connection can be made with the Marboro logo. It is inspired by it, it is undeniable. Maybe the everyday person may not recognize it, but the lawyers will!

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I don't disagree here, I only stated our eyes chooses what we want it to be.
Like said even if TT removed the triangle the colours can still be an issue and hence the product may have to be colour altered totally.

If you do some reading, you can see that malboro got burned so bad even for bar coding as it still resemble their smokes. So the colour may have to go as well.

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Originally Posted by drifand

So should woollies and bankwest remove a ribbon shape in their ad I saw today that reassembled Marlboro ?

The emblem and the words define it together with the rooftop or ribbon ended design which is a common design just that we are old enough to relate more to a more common scene over another. Like said malboro have not left words or emblem out from their products and the only time they did was bar coding red black white and hence why I said the common shape was not the issue. As we just relate the colours to malboro regardless.

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Because it's the Marlboro Chevron on a Lancia Stratos. Google it.
There's is no relating. There is no what our eyes choose to see. Rounding the corners down on the shape or changing the tone of red does not change the fact that it is what it is. The model of car used, the colours, the shapes, you can't deny any of that.

No worries. If they have to go so far as change the colors, kind of makes the release pointless. May as well be something else.

Can we move on and just leave the discussion about trademarks now... some people who don't own trademarks don't know about the system enough to know what they are talking about, so are just going around in circles. (I own a trademark, so am willing to talk about it to others who also know about how they work, and to educate those people who are willing to accept what those of us who have experience know, about trademarks.)

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Originally Posted by Defcon

No worries. If they have to go so far as change the colors, kind of makes the release pointless. May as well be something else.

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No point jumping to conclusion at this stage.

I laugh when the ko version is released in the entire malboro flag smoke colours.

As for the logo, I have an entire sheet of malboro of which none has the rooftop by itself. I honestly believe malboro knew it was generic and hence font malboro + rooftop only equals the product. Without it is a ribbon an upside down triangle on a rectangle. No uniqueness.

This is one of the few instances where keeping this toy in a (Marlboro) smoke-filled home can't hurt the toy. Oh, the irony.