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Problem with Takara Tomy Masterpiece MP-23 Exhaust and Marlboro's parent company Phillip Morris

Posted by Seibertron Nov 21, 2014 at 5:41pm CST 55,793 views
BigBadToyStore.com wrote:Hi - We wanted to update you about a new development in regards to your preorder of the Transformers Masterpiece MP-23 Exhaust figure from Takara. We were just contacted by a law firm on behalf of Marlboro & Phillip Morris USA. They informed us that the MP-23 Exhaust figure infringes on their trademark and trade dress for products marketed and sold in the USA.

The mark in question is generally shaped like this:

| |
|/\|

This mark is found on the hood/roof of the MP-23 car in red, and also in smaller green shapes on the left and right fenders. They are concerned because these marks cannot be used on products that could be intended for children as dictated by the Tobacco Master Settlement Agreement (http://en.wikipedia.org/wiki/Tobacco_Ma ... _Agreement).

We must comply with the requests they have made in order to avoid legal action with Phillip Morris. We have removed the MP-23 listing from our website. Your preorders have been transferred to a generic unpublished listing in case the product is changed or modified before release and would no longer be infringing. If the product is not changed, we will cancel all preorders and we will not be able to sell this product.

We apologize for the trouble on this item.

Thanks!
Joel Boblit
President
http://www.bigbadtoystore.com


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Transformers News: Problem with Takara Tomy Masterpiece MP-23 Exhaust and Marlboro's parent company Phillip Morris

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Re: Problem with Takara Tomy Masterpiece MP-23 Exhaust and Marlboro's parent company Phillip Morris (view post)
Comment by Jelze Bunnycat Nov 21, 2014
Wow, their lawyers are smart cookies. :shock:

So let me get this straight: TakaraTomy is allowed to sell Exhaust as is in Japan, but importing him into the US is a no-no?
Re: Problem with Takara Tomy Masterpiece MP-23 Exhaust and Marlboro's parent company Phillip Morris (view post)
Comment by megatronus Nov 21, 2014
That Tom & Jerry picture is priceless.

This is truly a bummer. I can see how PM might think these are for kids, but I hope they find these are adult collectibles, and cease their legal action against MP23 (or rather, the retailers carrying it).

Do we know if anything's happening on Takara's end? They've been careful to obtain official vehicle licenses, and I'm surprised they didn't clear MP23 with PM before proceeding (I know it's a different situation, but still). Maybe they thought they were in a safe(-ish) grey area?
Re: Problem with Takara Tomy Masterpiece MP-23 Exhaust and Marlboro's parent company Phillip Morris (view post)
Comment by Sabrblade Nov 21, 2014
JelZe GoldRabbit wrote:Wow, their lawyers are smart cookies. :shock:

So let me get this straight: TakaraTomy is allowed to sell Exhaust as is in Japan, but importing him into the US is a no-no?
Well, remember when retailers had difficulty being allowed to legally sell MP-5 Megatron without first having to put an orange tip on it?
Re: Problem with Takara Tomy Masterpiece MP-23 Exhaust and Marlboro's parent company Phillip Morris (view post)
Comment by Jelze Bunnycat Nov 21, 2014
Sabrblade wrote:
JelZe GoldRabbit wrote:Wow, their lawyers are smart cookies. :shock:

So let me get this straight: TakaraTomy is allowed to sell Exhaust as is in Japan, but importing him into the US is a no-no?
Well, remember when retailers had difficulty being allowed to legally sell MP-5 Megatron without first having to put an orange tip on it?


It's that all over again... And only because Japanese law is more relaxed than US law :BANG_HEAD:
Re: Problem with Takara Tomy Masterpiece MP-23 Exhaust and Marlboro's parent company Phillip Morris (view post)
Comment by fenrir72 Nov 21, 2014
Good f#ckn' LORD!

Do you now need an ID to buy one? Sounds like MP-05 again only worst!
Re: Problem with Takara Tomy Masterpiece MP-23 Exhaust and Marlboro's parent company Phillip Morris (view post)
Comment by Cyberpath Nov 21, 2014
Meh. As of writing this, you can still preorder him from Japan for nearly half the price.
Re: Problem with Takara Tomy Masterpiece MP-23 Exhaust and Marlboro's parent company Phillip Morris (view post)
Comment by Fires_Of_Inferno Nov 21, 2014
Too bad, there aren't enough MP Decepticons.
Re: Problem with Takara Tomy Masterpiece MP-23 Exhaust and Marlboro's parent company Phillip Morris (view post)
Comment by Gallifreyan Autobot Nov 21, 2014
Good God can US laws get any dumber. I swear that the Us hates anything that either looks real (any gun mode Megatron) or has tobacco product placement (MP23 Exaust) cause apparently that is a no no in the USA >:oP (shakes head)
Re: Problem with Takara Tomy Masterpiece MP-23 Exhaust and Marlboro's parent company Phillip Morris (view post)
Comment by Robogeek1973 Nov 21, 2014
I'm so freaking glad I buy my MP cars through HLJ.


Still....this sucks for anyone buying these from a U.S seller, because you just know that if they're getting ahold of one store, the others are soon to follow.
Re: Problem with Takara Tomy Masterpiece MP-23 Exhaust and Marlboro's parent company Phillip Morris (view post)
Comment by Burn Nov 21, 2014
fenrir72 wrote:Good f#ckn' LORD!

Do you now need an ID to buy one? Sounds like MP-05 again only worst!


Worse? Are you required by law to get a license and a lockable cabinet to keep Exhaust like I'm suppose to with Megatron? :wink:
Re: Problem with Takara Tomy Masterpiece MP-23 Exhaust and Marlboro's parent company Phillip Morris (view post)
Comment by Mr_Autobot411 Nov 21, 2014
hmm wonder if that will affect canada too.

i didnt have issues with mp-05, other then he sucks!
Re: Problem with Takara Tomy Masterpiece MP-23 Exhaust and Marlboro's parent company Phillip Morris (view post)
Comment by Bumblevivisector Nov 21, 2014
All I can think of is when TV Funhouse gave us the greatest Pokemon parody EVER!

(Linked rather than embedded, cuz it's arguably NSFW)

https://www.youtube.com/watch?v=fDHVsyA9zBw

And as always happens with this sort of thing, an attempt to protect children from something that only adults really give a crap about misfires (thought in this case it's rather indirect), making a toy potentially harder to obtain, thereby elevating it to holy grail status in the minds of hundreds of adult collectors. I've never watched so much as a minute of Breaking Bad, but as of now, I'm actively seeking out that one Walter White figure so that when I finally get my MP Smokey, he'll have a bag of toy meth ready to go in his driver's seat.

Oh, and TRU's ReAction Figure section damn well better bring out the gimp!
Re: Problem with Takara Tomy Masterpiece MP-23 Exhaust and Marlboro's parent company Phillip Morris (view post)
Comment by MGrotusque Nov 21, 2014
I'm kinda surprised this got on anybodies radar. It's such as obscure product for these guys to be paying attention to. With the fact that you can buy beer and cigarettes at any corner store everywhere in the states. Here in Canada they have to keep cigarettes behind a curtain or in a cabinet so that minors can't see them.

I don't know. I do know that i had some dough set aside at bbts for this guy.
Re: Problem with Takara Tomy Masterpiece MP-23 Exhaust and Marlboro's parent company Phillip Morris (view post)
Comment by Rated X Nov 21, 2014
The US legal system is such BS...

Chimungmung to the rescue !

http://chimungmung.com/product_info.php ... ts_id=2044

It's sad how broke people will come out of the woodworks to make a quick buck on a lawsuit. It's proof that their not making that much money if they found the time to attack BBTS over a Japanese import. Hopefully recreational Canibus gets legalized nationwide within 5 years and bankrupts the tobacco industry.
Re: Problem with Takara Tomy Masterpiece MP-23 Exhaust and Marlboro's parent company Phillip Morris (view post)
Comment by Stormrider Nov 21, 2014
JelZe GoldRabbit wrote:Wow, their lawyers are smart cookies. :shock:

So let me get this straight: TakaraTomy is allowed to sell Exhaust as is in Japan, but importing him into the US is a no-no?


Lol. This figure, again, is going to become the elusive figure that fans are going to want now.


megatronus wrote:Do we know if anything's happening on Takara's end? They've been careful to obtain official vehicle licenses, and I'm surprised they didn't clear MP23 with PM before proceeding (I know it's a different situation, but still). Maybe they thought they were in a safe(-ish) grey area?



Takara stepped in some shit with this one. I think Takara felt they could get away with the paint scheme without looping in Marlboro since the paint job is not an exact match. (The red paint color is off and "V" angle is rounded, not pointed). I wouldn't be surprised if Marlboro is looking its rights outside the U.S.
Re: Problem with Takara Tomy Masterpiece MP-23 Exhaust and Marlboro's parent company Phillip Morris (view post)
Comment by MGrotusque Nov 21, 2014
Maybe a decal would make the product perceived less as an official product than a painted on logo?
Re: Problem with Takara Tomy Masterpiece MP-23 Exhaust and Marlboro's parent company Phillip Morris (view post)
Comment by ishigoto Nov 21, 2014
But...MPs aren't for children! What kid pays $100+ for an 80's transformer???
Re: Problem with Takara Tomy Masterpiece MP-23 Exhaust and Marlboro's parent company Phillip Morris (view post)
Comment by Skyfire77 Nov 21, 2014
Cyberpath wrote:Meh. As of writing this, you can still preorder him from Japan for nearly half the price.


Not anymore. HLJ has an Order Stop on Exhaust.
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