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Old 2014-11-22, 06:11 PM   #338
"I've done better and got over it."
Clay's Avatar
Murray, KY

Originally Posted by Warcry View Post
And yeah, if BBTS is getting hit with C&D letters over this I'd be surprised if any other noteworthy US site was able to slip under the radar. TFSource will probably be in the same boat.
I didn't get the BBTS email until 7pm their time, after they would have normally gone home for the day. I assume TFSource and more will be sending out emails on Monday.

Originally Posted by Denyer View Post
Asides from being ****ing arrogant ****s claiming IP rights over basic geometric shapes, Philip Morris are still pushing tobacco advertising to youth markets in areas they can get away with their 'Maybe [vague bad thing will happen] Marlboro' campaign, so that's a bit rich.
Originally Posted by Warcry
I don't think Philip Morris really cares about either of those things. They're just preemptively trying to cover their own asses. It wouldn't be out of character for the US government to see this and try to sue them for $1 billion for "allowing" their logo to be used on a toy, so they're actively stopping US shops from selling the thing to ward off future legal trouble. Which is a shame, because tobacco companies deserve as many billion-dollar lawsuits as they can get.
Yeah, I think this is a legal precaution on Phillip Morris' end regarding the anti-tobacco act from 1998 rather than them caring about trademarks. This guy at TFW summed up my thoughts perfectly:
Interesting; so this probably means that Takara cleared it on their end legally and it was fine. Different legislation, I imagine.

It sounds to me less like a case of "Marlboro is upset that their logo is appearing on a toy" and more a case of "Guys, legally we're not allowed to allow our logo on anything kids might be able to buy because of tobacco legislation or we could get sued, so we HAVE to take action if we know about it"
And as was brought up later in that thread, the little legion Wheeljack, in being different enough probably for the purposes of avoiding having to pay PM for the use of the trademark, actually gets by because Hasbro wouldn't have been allowed to use the actual logo by law since it's a product marketed to youth.

And as I read somewhere else, saying that Masterpiece is meant for adult collectors isn't likely to have any traction as the brand as a whole is marketed towards kids.

But again, it seems like this issue will be wholly limited to United States based retailers.
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