GuyIncognito wrote:So Bandai owns the rights to the design of the original G1 toy, and that's it? They don't have exclusive rights to the character or the name? If Has/Tak and IDW have the rights to the character and name, it would seem to me that Has/Tak is perfectly within their rights to make a toy based on their character and to have that toy RESEMBLE the original design. As long as they're not copying it, they're OK. It's a gray area, of course, but my guess is that having the rights to the character grants Has/Tak the right to make a toy that RESEMBLES the original design, since that's inherent to the character itself. (It would be like granting someone the rights to the Superman character without the costume and the superpowers.)
Also, if Bandai hasn't done anything with the design since G1, doesn't that factor into whether or not they can enforce trademark claims?
It kinda does, actually. Especially considering this: even though the toy is indirectly based on a design by Bandai and that statement is mainly based on conjecture, the toy is directly based on the design seen in the comic, and that can be seen a cold hard fact. I'll leave it up to the jury to decide which takes priority.
As for the comic studios, believe it or not, Bandai will take a big risk suing them as well. Even tho the designs are indirectly based on its property, the original art drawn of the characters is still property of Hasbro (I think, correct me if I'm wrong) based on licensing agreements made long ago. Therefore, it can be argued that the new design of Whirl is not based on the original toy at all despite the similarities, but in fact directly based on art drawn by studios contracted to Hasbro.
Simply put, Bandai would have no leg to stand on in court.
The resident Rewind... well, half of one
- Jelze Bunnycat =:3
Looking for:
- TR Furos (Hardhead's head) and Crashbash (lost him
)
- PotP Punch head
- TR Galvatron right arm (the gun one)
- CW Brake-Neck/UW Wildrider, CW Offroad
- TR Twinferno & Grotusque
- Greenlight, Lancer and PotP Elita-1 (plus repro Victorion hands and feet?)