Yeah, I think this is the crux of it -- if Company A is paying them $100,000 to be able to make toys of their car, they have to sue Company B when they start making them without a license. If not, Company A is will stop paying them.Denyer wrote:They've usually sold the likeness to other toy companies to use officially, though.
I think that argument has some merit when you look at some third-party toys, but not all. Warbot Defender for example was just a pile of blocks that vaguely approximated Springer. The Hearts of Steel stuff? Assuming it's not based on official concept art, that'd be hard to sue over. But once they moved into making stuff like Scoria that is designed to perfectly match an animation model? That's a lot harder to dodge. Not a slam dunk, but not something that'll get laughed out of court, either.Denyer wrote:Pretty sure that they are; Superman's protected because of the S-shield design, for instance, rather than spandex and a cape. Logos enjoy far more protection than a character with a wide range of sculpts that turns into a t-rex. Avoid the symbols and names (and exact vehicle designs) and manufacturers have some protection. Retailers are more likely to get themselves into hot water through association and in more litigious countries.
The marketing is what really does them in, though. They sell their product through online Transformers retailers, including a great many sites that sell only Transformers, while advertising solely through Transformers fan sites to Transformers fans. That's something that (to my knowledge) has never happened on a large scale with, say, not-Superman or not-Mario toys. Third parties don't try to hide that they're trying to cash in on the Transformers brand, even to the point of posting on Transformers message boards about how they're trying to make their toys as faithful to the original Transformers designs as possible. If they'd aloofly ignored the fandom, sold their toys exclusively though their own sites and pretended like they had no idea what TF fans were talking about ("Megatron? Never heard of it.") they probably could have created a legal fiction to cover their asses. But if it ever came to a court case, it would be very hard to argue their way past the pretty blatant association with the Transformers brand that they've worked to create. What they've done is tantamount to admitting that they know they're using Hasbro's IP, which makes it almost impossible to argue that their designs just "happen" to be similar. Whether the likenesses are good or not, the intent to infringe is there and they basically admit to it.
Of course, "if it ever came to a court case" is the rub -- it never, ever will. Like you said, the retailers are really the only ones with their necks out here. It's way easier to lean on them than it is to sue 2,000 random guys in China. Even that's not likely to happen unless things get ridiculously out of hand...if Hasbro can't be bothered to sue people who openly bootleg their toys and sell them at retail, they're not going to fire up their legal team over this. And frankly, that's a good thing. Considering the horror stories you read of big companies shutting down fan sites or suing people for making kitbashes, Hasbro's laid-back approach earns them a fair bit of respect in my books.
Depends where you go. Some boards are filled with people who flame anyone who's anti-third-party, and others are full of people who attack you if you try to discuss the topic at all. It's a bit of an echo chamber effect, one assumes, as those boards attract like-minded people and grow even more extreme in their views, but there are definitely a lot of people with very strong opinions one way or another.Tantrum wrote:Is that hate actually common, or are the hateful just more vocal than everyone else? I'd imagine most fans would be at worst ambivalent if not happy that additional toys are available.
That's a big part of it. Also you have to take into account the costs of actually pressing legal action. They'd never recoup the hundreds of thousands (if not millions) of dollars that they'd have to spend to actually get third-party distribution shut down. As long as sales lost to third party toys cost them less than a lawsuit would, they're wise to keep ignoring it.Tantrum wrote:When you think of how much money a company can spend on branding and public relations to give themselves a good image, letting 3P companies slide might make financial sense. They're probably not losing too many sales to $50 deluxes. The meager sales they do lose can be considered a PR cost for the goodwill generated by not cracking down.