Yes this sucks for anyone wanting this toy, but it
is using a design intentionally made to invoke the pattern used by Marlboro. If Philip Morris does indeed own a copyright on that pattern, they are well within their right to protect it.
It'd be like if this figure had been made without Target's permission:
Pretty sure Target would have been pissed, and tried to prevent the sale of it.
And since this is a tobacco brand being slapped on a toy, I can see why Philip Morris would be extra worried about public perception and wish to take action. (Yes,
we all know this is an adult collectible. But to the general public, it is just a toy, and toy = "For kids!") I think
this more than anything is why we are seeing this happen. After all, I never heard of Philip Morris going after The X-Files or any other show that has used Morley cigarettes.
But, even though it will be a pain in the arse, since there are likely no legal problems for this toy in Japan, and since I doubt various customs officials will be less worried about this then they were MP-5, I am sure anyone who really wants one will be able to eventually snag one through a less prominent importer or a private seller.