Quote Originally Posted by kup View Post
This brings forth a bit of a controversial but interesting conundrum:

If Takara abandoned or disposed of the molds and someone else picked them up and used them - Could we still call it theft or KOs?

It would be as if you pick up a piece of furniture on the side of the road, fixed it up and sold it. You can't be accused of stealing it since it was disposed of by the former owner for anyone to pick up and do as they please.

Now naturally, there is still the Intellectual Property factor but that would only apply to the character model art, trademark names and box art since the Toy itself was disposed of.

So if I create an accurate Fortress Maximus from the disposed molds and call it 'Fort Max' and change the box art enough so that it doesn't match the original box art - Can we still call it a KO??
If the factory did indeed dispose of the moulds without destroying them first, they are likely to be in breach of contract (our plastic factory had to destroy any moulds after they were no longer needed). It's also a way of making sure others can't profit of the initial investment (creating the mould is one of the most expensive components of the total production process).
I think ownership of the patents on these toy designs should cover Hasbro/Takara if they wanted to chase after replica producers, regaurdless of reverse-engineering or using the actual moulds without authorisation.