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Hasbro and Customs.......
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09-10-2008, 03:27 AM
Alyosha
Nemesis Creator
Join Date: Sep 2007
Location: Dallas, TX
Posts: 2,355
Quote:
Originally Posted by
Driftbot
yeah there was a big stink a while back. i think star wars customs were in more of the "spotlight" than joes, if i remember correctly? i know it was a pretty hot topic here a while ago.
oh, and i think this mostly affected people who do casting of parts. pretty sure that's why a couple have changed names and policies. (help me out here, Alyosha?)
this is also why i havent yet considered selling any customs.
(though i'm tempted to mass produce some arbco indy trucks!)
The main focus of any action taken by Hasbro Legal that I have been involved in or know of, has consistently been targeted directly as usage of copyrighted logos and images. For the most part, custom figures are in the clear, with the exception of mass reproduction of particular unmodified parts or figures. I've had several in person and on the phone conversations with various Hasbro Joe people, and they actually get a pretty big kick out of most of the custom stuff.
Hasbro legal has a job to do, and if they knowlegably fail to do so, it can lead to tremendous problems for them in terms of copyright enforcement. It's practically never anything personal, and usually targeted at those things in specific. Lucasfilm (and their properties) are another issue altogether, and their lawyers are flesh-eaters.
As for a "percentage" is it not really a fallacy so much as a misunderstanding. There is a specific bar or test that will be levied if a case if brought to court called the "Sleekcraft Test". This refers to the original case which was two boat companies (Sleekcraft and Slickcraft) whose has almost identical products and logos (one being the imitator of the other). If there is a reasonable chance of consumer confusion at the retail level of these similar items, then the original copyright/patent/trademark holders has precendence and is eligible to sue for damages and infringment.
As for modified parts being a certain percentage, as long as there is reasonable and significant difference between the original and the final modified product, then most likely your are in the clear. There is no magic number per se'.
Also, a word about C&D Letters. They are just what they say: an official letter from the parent company saying "stop doing what your doing because what you are doing is too much like what we do, and we don't like it". They are a simple, non litigious tool that is used as a scare tactic or official notice. Most times (if you get one) if your really infringing, you'll know it, but most times it is just a "HEY! STOP THAT!" kind of deal.
__________________
Karma is a b*tch, and she's got your home phone number...
Last edited by Alyosha; 09-10-2008 at
03:37 AM
.. Reason: addendum
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