Another thing is... it is a federal offence* in the U.S.A. to sell goods that infringe on someone's intellectual property, such as counterfeits. So if Hasbro and/or FunPub decide to enforce a policy that cracks down on it - hey, they're actually helping to enforce the law. And ultimately if people don't follow the rules, then Hasbro's fully within their right to take legal action against them.
Ultimately law-abiding sellers & collectors who don't buy unlicensed toys have nothing to fear. So I'm all good.
I agree that the 3rd party TFs are a "lesser evil" over KOs because they're not attempting to deceive people into believing that they're the real product, but even scratch-built Not-Transformer toys are still ripping off Hasbro's intellectual property because they're using the character image/likeness which they own. Some may be different looking enough to technically get away with it... but others, like Not-Arcee, are so dead-on accurate with the character likeness that if Hasbro were to take those producers to court... well I hope those producers have a good lawyer.
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*Trademark Counterfeiting Act 1984