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Old 2015-08-26, 08:05 PM   #7
Brendocon 2.0
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Quote:
Originally Posted by Warcry View Post
I was really surprised to even see that section in there, let alone that it called out specific third-party groups. Doesn't admitting that other companies are using your characters and not doing anything to stop them weaken your IP protection? Or does that only apply to things like logos, trademarks and such?
Wouldn't imagine so. I mean acknowledging the practise is a pretty key component in any attempt to shut it down.

Of course there's the argument that "you knew and did nothing" is tacit approval or whatever, but the whole thing's muddy anyway. The third party lot aren't using Hasbro's specific designs, Hasbro don't own the concept of transforming robots, their brand names and trademarks aren't being used. I think the law (over here anyway) in regards to "passing off" basically boils down to "could an idiot in a hurry mistake this for the real thing", which is probably a no as the packaging isn't really that similar and the price point is prohibitive in that regards.

So I think it basically boils down to whether they've got the vague character likeness copyrighted. Which is probably too much effort to get into. So long as the 3P companies operate at ridiculous price points and don't slap Autobot/Decepticon logos on things, it's likely just not worth the hassle. And it stops Hasbro getting constantly harassed to do Masterpiece Sixshot / re-release Shockwave, etc etc.

Sorry what was the question?
 
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