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Old 2005-07-24, 11:20 PM   #41
Grimlock2983
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Getting a little off topic here, but i'm curious about something. There are trademarks (or some equivalent) for comics right? i remember reading somewhere that DW couldn't use certain comic characters because marvel still owned the rights to them; am i remembering it right? or is that totally wrong?
 
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Old 2005-07-25, 12:03 AM   #42
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Quote:
Originally posted by Grimlock2983
Getting a little off topic here, but i'm curious about something. There are trademarks (or some equivalent) for comics right?
Of course. There are going to be protections for creative endeavor, and comics are no different.

Quote:
Originally posted by phoenixliger
DC comics has a character named bumble bee seen on teen titans. Any way why should these companies even care Id say that there really after is money. Hey I could be wrong and they just want to be jerks.
Slightly different situation, I'm sure.

Here's the deal: In the case of Bumblebee from Teen Titans v. Generation 1 Bumblebee, trademark is as much about image as it is name. Every TM application has to include how you intend to use the TM (in this case, an image of the character). Even with the same name, no one's going to confuse a 20 foot tall yellow robot with a woman in a yellow and black costume.

However, in the case of the toys, (which is what Hasbro is concerned about) having the name "Bumblebee" on the boxes of two toys is quite a bit more confusing. Especially to befuddled grandparents who don't know what they're looking for in the first place.
 
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Old 2005-07-25, 12:56 AM   #43
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Quote:
Originally posted by Grimlock2983
[B]Getting a little off topic here, but i'm curious about something. There are trademarks (or some equivalent) for comics right?
Copyright, honestly, though it's starting to stretch it.

Any characters that Marvel created on its own (at the time) would still be owned by Marvel. That's why you're not going to likely see a Nightbird action figure, or a Devcon release... (Both of which were internal issues with OTFCC, actually...) There's issues of the originiators of the work, even derived, that are involved. In these cases, it would be Marvel Comics, Ltd.

Marvel created Jhiaxus, Firestar, Elita One, etc -- and there are rights (in the US), and Marvel had those rights first, even if they appeared in a licensed product. Hasbro cannot relicense anything based on the images therein without Marvel's permission - as a violation of their copyright.

They can, however, use the names for 'other images', such as RID Jhiaxus, which is an orange and white jet that doesn't physically resemble G2 Jhiaxus in the slightest.

Hasbro can negotiate and get those back, of course, and they have for a lot of things. (I think they purchased most of Marvel's rights on 'things introduced in the Transformers cartoon or comic', but I'm not exactly sure).

These days, Hasbro generally now also claims inclusive rights that they didn't use to , just so that they can own the things Dreamwave put into their comics, as part of the franchise 'branding'.

Gets a little confusing, I know, but I'm sure that Hasbro legal is doing everything they can to protect anything free that even remotely SOUNDS like a Transformers name.
 
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Old 2005-07-25, 01:01 AM   #44
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Anyway, as for THIS thread...

Does look like Teen Titans has 'Bumblebee' trademarked as an action figure ... which does kinda screw Bumblebee over for an action figure for Transformers - at least for now.

This is why Onslaught wasn't available in the past, as well as other names (Shockwave, Hot Rod, et al).

But the characters are a different matter, of course. IDW can certainly use Bumblebee all they want. That's a different set of IP rights, and the trademark of Bumblebee as a character is a different kettle of fish (and mostly falling into copyright law, or 'branding' trademarks).
 
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Old 2005-07-25, 01:01 PM   #45
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ok, but what if simon furman created a character when he worked at marvel, can he still use that same character for another company, such as DW and IDW?
 
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Old 2005-07-25, 01:15 PM   #46
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Quote:
Originally posted by Darth Zax
ok, but what if simon furman created a character when he worked at marvel, can he still use that same character for another company, such as DW and IDW?
Possibly the name, but not the likeness - and, depending on the character, the name itself would be problematic. That's why you don't see "Death's Head" in IDW at all, or why you likely wouldn't see 'Xaaron' brought over unless HASBRO secured it.
 
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Old 2005-07-25, 01:30 PM   #47
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Quote:
Originally posted by Darth Zax
ok, but what if simon furman created a character when he worked at marvel, can he still use that same character for another company, such as DW and IDW?
Only if he owned the rights, which he doesn't.
 
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Old 2005-07-25, 04:23 PM   #48
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Don't individual creators own the rights to characters that name and design?
 
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Old 2005-07-25, 04:27 PM   #49
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Quote:
Originally posted by Orion1
Don't individual creators own the rights to characters that name and design?
Not if they created them as part of the work they did under contract to a specific company.
 
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Old 2005-07-25, 05:25 PM   #50
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Quote:
Originally posted by Orion1
Don't individual creators own the rights to characters that name and design?
Not generally if they work 'in house', the company owns the rights - that's part of the contract, which only makes sense. Can you imagine if Stan Lee said 'guys, screw it, I own spider-man, and I'm giving it to DC now for a few issues'.
 
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Old 2005-08-09, 05:00 PM   #51
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Everyone got their grains of salt ready?

http://www.seibertron.com/sludgereport/view.php?id=5539
 
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Old 2005-08-09, 05:06 PM   #52
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It would be cool if that rumour was true, especially in time for the upcoming movie, and for the alternator
 
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Old 2005-08-09, 05:19 PM   #53
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I seriously doubt this rumor, considering we just learned one month ago that Hasbro apparently failed to succeed in trying to reclaim the trademark.
 
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Old 2005-08-09, 05:25 PM   #54
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Quote:
Originally posted by Nevermore
I seriously doubt this rumor, considering we just learned one month ago that Hasbro apparently failed to succeed in trying to reclaim the trademark.
well, we can hope, can't we?
 
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Old 2005-08-09, 05:25 PM   #55
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True enough Nevermore, but it never hurts to be optimistic.
 
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Old 2005-08-09, 07:54 PM   #56
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Is their gonna be a problem in the movie regarding the use of the "matrix"?
 
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Old 2005-08-09, 07:54 PM   #57
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Quote:
Originally posted by Orion1
Am I the only one wondering what this has to do with Bumblebee?
I just meant that Siebertron's rumor on Hasbro suddenly getting the rights for an action figure named Bumblebee, after just having said that they didn't acquire it, and then already having plans for two 'near future' releases were... overly-optimistic at best.

Not strictly impossible, but pretty thin. Fun to discuss the possibilities, but I wouldn't say that this is a 'go' in any way, shape, or form.

There's a trademark search gov site, isn't there? Anyone got that link off hand?
 
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Old 2005-08-09, 07:57 PM   #58
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Well, I wasn't going to postin this topic, but since you're promsing bananna splits . . .

Nevermore doesn't love me . . .

Um . . . Bumblebee? I guess it'd be cool to have that name back. Never was a big fan. His toy was cool, though.
 
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Old 2005-08-09, 08:17 PM   #59
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Well, glaze my nipples and call me 'Susan'... Hasbro currently does have the Bumblebee name....

Quote:
Word Mark BUMBLEBEE
Goods and Services IC 028. US 022 023 038 050. G & S: toy action figures, toy vehicles and toy robots convertible into other visual toy forms
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 76634431
Filing Date March 28, 2005
Current Filing Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) HASBRO, INC. CORPORATION RHODE ISLAND 1027 Newport Avenue Pawtucket RHODE ISLAND 02862
Attorney of Record Kurt R. Benson
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

 
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Old 2005-08-09, 08:19 PM   #60
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You did read that bit?

Quote:
Current Status: A non-final action has been mailed. This is a letter from the examining attorney requesting additional information and/or making an initial refusal. However, no final determination as to the registrability of the mark has been made.

 
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