Honestly, i don't think it'll get completely blocked from release... but i hope they scrap it and release a Slicer inspired deco instead.
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Honestly, i don't think it'll get completely blocked from release... but i hope they scrap it and release a Slicer inspired deco instead.
It may get blocked if Hong Kong has issues there.
Hell I have two of these on pre order. I guess just see what happens.
i really wish i could care enough to be concerned about this figures release, buuuut... i'm not- first world problems and all that
Apple has filed suit against Woolworths for their apple shaped logo. AFAIK the case is still ongoing.Quote:
Originally Posted by drifand
http://www.smh.com.au/technology/biz...1004-ghxe.html
This goes back to what defines a knock off as opposed to a counterfeit. A counterfeit is a direct imitation, but a "knock off" can be anything which bears resemblance, but isn't actually an imitation.
Yes. It's called licensing. e.g. MP Bumblebee transforms into a licensed VW Beetle, and part of the licence which TakaraTOMY has paid for allows them to use VW's logos on the packaging and toy.Quote:
Originally Posted by drifand
Here's why.Quote:
Originally Posted by drifand
Pretty much this ^Quote:
Originally Posted by Sinnertwin
If it was an integral character I may care but it is just a re paint to get money out of a mold
Don't see the big drama
The most self entitled population on the planet has been told they can't have something. Irrespective of how important/essential it is, there was always going to be rage :rolleyes:Quote:
Originally Posted by Starscream77
its business name was already trademarked by a takeaway food,Quote:
Originally Posted by GoktimusPrime
Ur the name Burger King was globally done so why Burger King take this guy to court for using something that is already known? Are you saying this guy had Burger King named before Burger King was invented?
It be half arse funny if this was Maccus , being called hungry macs or something because some one stole the name and claim it here first.
As for Apple suing woollies that logo is far off, and IMO Apple should be fined for such wasting time. That's worse than this toy's claim. Very shameful claim.
I think a large part of the US issue with the logo is it's application on a childrens toy. I recall reading one of the letters to one of the toy sellers that was posted on both TFW and Seibertron that the logo is part of the Marlboro Trademark but the larger issue is the item being a Toy with tobacco branding on it.
No drama until a confirmation that this piece is scraped. As it is, it seems like it's only be taken off websites.Quote:
Originally Posted by Starscream77
And half of the children today won't even know the brand because it's taken off in sporting events and our cigarette packs . Of course the US themselves may still have the full coloured Marlboro pack which was the alarm bells despite Exhaust is just a red and white car. For all you know, TT may just add a few more triangles and whoala, they are no longer using a known trademark but again debatable by Marlboro .Quote:
Originally Posted by UltraMarginal
Anyway here is what RK said
To USA customers,
We hereby announce the following situation regarding the item “Takara Transformers Masterpiece MP-23 Decepticon Exhaust”
This item was claimed by Phillip Morris USA, that infringe PM USA’s MARLBORO Roof Design.
Amazon Japan still have it up, so I suspect only places selling to the USA care.
Hrm, I never thought about it like that. It's almost on par with a country taking the nastier bits of war out of their school history books in a way. I can see why it's done, depending on the law, as even though it's old fotage, it could still be seen as advertising, but still.Quote:
Originally Posted by DELTAprime
It is also someone using the design without permission. If it were just free advertising, then Apple. Mcds and every other company wouldn't have an issue with their logo being used wherever. If it were just free advertising, the whole copyright process would be irrelevant.Quote:
Originally Posted by drifand
Have on preorder through HLJ, if it becomes cancelled I'm not worried since its just a preorder and nothing has been paid. I think it will still happen, maybe some stores are been cautious. If its possible the design will be altered. Just have to wait and see.
looks like HLJ, Anime Export, AmiAmi, have removed the listing from there stores. When I did a search came up with nothing. Some other places may still have it up, but likely pre-orders are closed anyway. I have recieved no emails about cancellation of my preorder. I guess something official info will surface soon.
My dispute is the whole roof design thing is just geometric design, as much as is a trademark , it's too simple and in a way blocking design purpose.Quote:
Originally Posted by Tetsuwan Convoy
How would you guys like it if simple designs such as a circle, triangle or square being used and you can't use it? Hence why I am not "happy" that being the words Marlboro had not been used.
What I am referring here is malboro had not been seen using this as a design just on its own, (roof top) it's always accompanied with the label and emblem .
Goki pointed out the Apple woollies case and that's where all should be a line drawn. You do not own an apple. You own a bitten Apple logo .
Like wise Maccus is Golden Arches but is unique in a way that is not geometrical blocking, same as coke with a ribbon. A triangle on red white or gold or green is something a child can draw. A triangle with words malboro is definitely violating.
Just went shopping saw a ribbon end design which reassembled malboro as well.
These were used by bankwest and woollies and only thing is words are in placed.
Our eyes chooses what we want to see, IMO exhaust will be still in violation even without the triangle and was painted red and white.
So the report is correct? Some one from tf forums made a complaint directly to pm and caused this issue? Guess he/she may be hated.
What is it exactly about a possible registered trademark infringement that is just not making sense to you?
Possible not definite . Is a ribbon red and white car, a 10 year old kid will not see it as malboro .Quote:
Originally Posted by Sinnertwin
I don't think you get it. You can patent anything but don't expect simple shapes and common designs are not used. A triangle on a bonnet is bound to be centralised.
Guess tt should have stick to the shadow rumours release?
Just pre-ordered mine though RK - not enjoying the drop in the Aus $$ atm....ouch...
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.
I do, I just don't agree there is a definitely breeched of a simple design.Quote:
Originally Posted by Sinnertwin
No need to hammer as no official news from takara that this is scraped.
But it just says one thing, last time a shadow and diaclone rumours for bluestreak I was told to wait for the actual pics before ordering. Now we have actual pics and is still and issue. Fact is malboro would still be making noise as long as the car was red and white whether it was going to be a direct violation was in relevant . We choose to view it as a malboro car and that's the problem.
Btw this issue was made by a transformers forum member. If anything it isn't malboro at fault.
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.
Quote:
Originally Posted by Sinnertwin
Quote:
Originally Posted by Defcon
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 :)
Quote:
Originally Posted by Ultra Mackness
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.
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.Quote:
Originally Posted by drifand
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!
I don't disagree here, I only stated our eyes chooses what we want it to be.Quote:
Originally Posted by Defcon
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.
Because it's the Marlboro Chevron on a Lancia Stratos. Google it.Quote:
Originally Posted by drifand
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.)
No point jumping to conclusion at this stage.Quote:
Originally Posted by Defcon
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.
You can put the entire scheme on a different mp and still be sued doesn't even need to be a lancia.Quote:
Originally Posted by Sinnertwin
I don't smoke my entire life, my friend smokes malboro only.Quote:
Originally Posted by Megatran
However I am more interested in this mp now based on the controversial event that has taken place.
Hell I even want to decal the motto on now if any of you even knew what the malboro motto is. ;)
you don't say? i'm glad you've finally figured it out.Quote:
Originally Posted by drifand
http://s27.postimg.org/p1r0l5oar/image.pngQuote:
Originally Posted by drifand
Not bad was more towards the Veni, vidi, vici :)Quote:
Originally Posted by Sky Shadow
Has anyone else asked HLJ whats going on? I've emailed them but so far I haven't gotten a response.
I don't think tru Aust will import this in.
Waiting for the pre-order release from Nippon-Yasan. Hoping there will be no dramas.
Have you ordered?Quote:
Originally Posted by SuspectimusPrime
If not I suggest not to wait as they are now famous for inflating the price. Look at their wheeljack and bee. My suggestion will be getting from rk or chimungmung
Nippon yasan pre order was done and dusted long ago.