Masterpiece MP-23 Exhaust

[GoktimusPrime]

I still disagree is a logo, this is like Apple patent right block shape phones.

Apple has filed suit against Woolworths for their apple shaped logo. AFAIK the case is still ongoing.
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.

So how do model kits sell nowadays? They must pay for every single sponsor ad?

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.

Find it funny how hungry jacks cannot use Burger King when the rest of the world is known for that and the restaurant owner gets to win in this situation.

Here's why.

[drifand]

Apple has filed suit against Woolworths for their apple shaped logo. AFAIK the case is still ongoing.
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.


Here's why.

its business name was already trademarked by a takeaway food,
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.

[UltraMarginal]

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.

[drifand]

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.

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 .

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.

[Tetsuwan Convoy]

Amazon Japan still have it up, so I suspect only places selling to the USA care.

If you watch footage of racing from the era they had tobacco advertising it's all blurred out. I want smoking banned but ruining something that documents the past really doesn't sit well with me.

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.

Funny thing is this is a chance for free advertising.

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.

[Defcon]

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.

[Defcon]

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.

[drifand]

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.

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.

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.

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.

[Sinnertwin]

What is it exactly about a possible registered trademark infringement that is just not making sense to you?

[Troubled Autobot]

Just pre-ordered mine though RK - not enjoying the drop in the Aus $$ atm....ouch...