Problem with Takara Tomy Masterpiece MP-23 Exhaust and Marlboro's parent company Phillip Morris
Friday, November 21st, 2014 5:41PM CST
Categories: Toy News, Store NewsPosted by: Seibertron Views: 55,206
Topic Options: View Discussion · Sign in or Join to reply
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 Your preorders have been transferred to a generic unpublished listing in case the product is changed or modified before release and would no longer be infringing.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
Join our discussion about this figure by clicking here!
News Search
Got Transformers News? Let us know here!
Most Popular Transformers News
ROTB Optimus Prime Lead Designer Discusses Why the Face Looks Similar to the 2007 Movie
58,060 viewsMost Recent Transformers News
Posted by Jelze Bunnycat on November 21st, 2014 @ 5:50pm CST
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?
Posted by megatronus on November 21st, 2014 @ 5:52pm CST
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?
Posted by Sabrblade on November 21st, 2014 @ 5:53pm CST
Well, remember when retailers had difficulty being allowed to legally sell MP-5 Megatron without first having to put an orange tip on it?JelZe GoldRabbit wrote:Wow, their lawyers are smart cookies.
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?
Posted by Jelze Bunnycat on November 21st, 2014 @ 6:01pm CST
Sabrblade wrote:Well, remember when retailers had difficulty being allowed to legally sell MP-5 Megatron without first having to put an orange tip on it?JelZe GoldRabbit wrote:Wow, their lawyers are smart cookies.
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?
It's that all over again... And only because Japanese law is more relaxed than US law
Posted by fenrir72 on November 21st, 2014 @ 6:03pm CST
Do you now need an ID to buy one? Sounds like MP-05 again only worst!
Posted by SW's SilverHammer on November 21st, 2014 @ 6:05pm CST
Posted by Cyberpath on November 21st, 2014 @ 6:06pm CST
Posted by Fires_Of_Inferno on November 21st, 2014 @ 6:12pm CST
Posted by Gallifreyan Autobot on November 21st, 2014 @ 6:14pm CST
Posted by LOST Cybertronian on November 21st, 2014 @ 6:23pm CST
Posted by Robogeek1973 on November 21st, 2014 @ 6:25pm CST
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.
Posted by Burn on November 21st, 2014 @ 6:32pm CST
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?
Posted by Mr_Autobot411 on November 21st, 2014 @ 6:36pm CST
i didnt have issues with mp-05, other then he sucks!
Posted by Bumblevivisector on November 21st, 2014 @ 6:53pm CST
(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!
Posted by MGrotusque on November 21st, 2014 @ 7:05pm CST
I don't know. I do know that i had some dough set aside at bbts for this guy.
Posted by Rated X on November 21st, 2014 @ 7:09pm CST
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.
Posted by Stormrider on November 21st, 2014 @ 7:10pm CST
JelZe GoldRabbit wrote:Wow, their lawyers are smart cookies.
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.
Posted by MGrotusque on November 21st, 2014 @ 7:12pm CST
Posted by ishigoto on November 21st, 2014 @ 7:16pm CST
Posted by Skyfire77 on November 21st, 2014 @ 7:42pm CST
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.
Posted by Ultra Markus on November 21st, 2014 @ 7:52pm CST
i had no problem getting mp-5 but i think i ordered from japan and had no customs issues and no orange tip
its probably just a scare tactic
Posted by Robogeek1973 on November 21st, 2014 @ 7:57pm CST
Stormrider wrote:Takara stepped in some **** 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.
I've got a feeling (and hope) that TakTom made sure they'd be safe putting this guy out before announcing him. This is meant for a Japanese audience, so they really couldn't care less about what the U.S laws think of it.
I'm sure they got all of their ducks in a row licensing wise.
Posted by Ultra Markus on November 21st, 2014 @ 7:58pm CST
Posted by Peridot on November 21st, 2014 @ 8:36pm CST
megatronus wrote:Uh Oh... Exhaust is having some legal issues.BBTS wrote:Hi - We wanted to update you about a new development in regards to your preorder of the Transformers Masterpiece MP-23 Exhaust figure with coin 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
B-bu-but smoking is cool! *hacking cough* What cruel corporate executive would deny us the glorious presence of Exhaust in our collections and homes?
Posted by MGrotusque on November 21st, 2014 @ 8:37pm CST
Posted by Burn on November 21st, 2014 @ 8:40pm CST
Robogeek1973 wrote:Stormrider wrote:Takara stepped in some **** 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.
I've got a feeling (and hope) that TakTom made sure they'd be safe putting this guy out before announcing him. This is meant for a Japanese audience, so they really couldn't care less about what the U.S laws think of it.
I'm sure they got all of their ducks in a row licensing wise.
That right there ... Takara Tomy manufactures for the Japanese market NOT the western market. As such they don't have to abide by rules which affect the western market.
If someone in the western market buys their products and subsequently violates local rules, that's the buyers problem, NOT Takara Tomy.
For example, I'm expected to have a gun license AND lockable gun cabinet to import and own MP Megatron. If I don't and get busted, the onus is on me, NOT Takara Tomy.
Posted by Robogeek1973 on November 21st, 2014 @ 8:42pm CST
Burn wrote:
For example, I'm expected to have a gun license AND lockable gun cabinet to import and own MP Megatron. If I don't and get busted, the onus is on me, NOT Takara Tomy.
Seriously?
Wow, I thought you were kidding before.
Posted by Burn on November 21st, 2014 @ 8:59pm CST
Robogeek1973 wrote:Burn wrote:
For example, I'm expected to have a gun license AND lockable gun cabinet to import and own MP Megatron. If I don't and get busted, the onus is on me, NOT Takara Tomy.
Seriously?
Wow, I thought you were kidding before.
Nope. The laws varied state by state.
Western Australia customs actually seized an entire shipment of Megatron when he was first released.
Posted by Madeus Prime on November 21st, 2014 @ 9:30pm CST
Posted by fenrir72 on November 21st, 2014 @ 9:30pm CST
Burn wrote: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?
Worst because it's just an add/sponsorship placement. At least with Megs, some id10t can use it as a pretend weapon and get themselves killed. This one is for the iconic orange pattern of a cigarette brand. Jeez1 Good thing I'm assigned in SEA, no prob here just yet.
Posted by fenrir72 on November 21st, 2014 @ 9:36pm CST
MGrotusque wrote:Maybe a decal would make the product perceived less as an official product than a painted on logo?
Take a look at this to add insult to injury......officially franchise decal, take a gander at Malboro
Posted by shajaki on November 21st, 2014 @ 9:57pm CST
chimungmung wrote:The comments for your order are
hi,
may i have question , did u see any forum or fb pre order mp23 in my shop ? i received few pre order this hour ~ so amazing..
please reply
tony
Posted by LOST Cybertronian on November 21st, 2014 @ 10:22pm CST
fenrir72 wrote:MGrotusque wrote:Maybe a decal would make the product perceived less as an official product than a painted on logo?
Take a look at this to add insult to injury......officially franchise decal, take a gander at Malboro
BBTS also pulled these from its website and someone on FB got the same kind of letter regarding this sticker set.
Posted by It Is Him on November 21st, 2014 @ 10:40pm CST
Posted by megatronus on November 21st, 2014 @ 11:41pm CST
Skyfire77 wrote: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.
Just a couple hours ago, the price was 5600 yen. Now it's 6500... looks like HLJ capitalized on the situation.
Posted by BERSEKAEL on November 22nd, 2014 @ 12:05am CST
and what about the Legion version? more money to law sue a MP
Posted by Sabrblade on November 22nd, 2014 @ 12:09am CST
Its design wasn't close enough to Marlboro's design to catch anyone's attention.BERSEKAEL wrote:Is everything about $$$... first time I hear a tobacco company to care about health...
and what about the Legion version? more money to law sue a MP
Posted by chuckdawg1999 on November 22nd, 2014 @ 12:47am CST
Posted by Tsutsukakushi on November 22nd, 2014 @ 1:06am CST
As a buyer, you have options to buy from Overseas sellers.
Posted by fenrir72 on November 22nd, 2014 @ 3:19am CST
LOST Cybertronian wrote:fenrir72 wrote:MGrotusque wrote:Maybe a decal would make the product perceived less as an official product than a painted on logo?
Take a look at this to add insult to injury......officially franchise decal, take a gander at Malboro
BBTS also pulled these from its website and someone on FB got the same kind of letter regarding this sticker set.
WTF?
Posted by Wolfguard on November 22nd, 2014 @ 3:34am CST
Posted by Cyberpath on November 22nd, 2014 @ 3:39am CST
megatronus wrote:Just a couple hours ago, the price was 5600 yen. Now it's 6500... looks like HLJ capitalized on the situation.
Nah, it shows only the retail price when an item is sold-out. If it'll open for orders again (usually around the release day when HLJ gets its stock) it will go back to the preorder price.
Posted by fenrir72 on November 22nd, 2014 @ 4:27am CST
Wolfguard wrote:How about... ...change the colors?
Toy isn't going to change the colors in the account of the American market.
Posted by durroth on November 22nd, 2014 @ 4:56am CST
Posted by Robogeek1973 on November 22nd, 2014 @ 6:31am CST
Burn wrote:Robogeek1973 wrote:Burn wrote:
For example, I'm expected to have a gun license AND lockable gun cabinet to import and own MP Megatron. If I don't and get busted, the onus is on me, NOT Takara Tomy.
Seriously?
Wow, I thought you were kidding before.
Nope. The laws varied state by state.
Western Australia customs actually seized an entire shipment of Megatron when he was first released.
Now that you mention it I DO remember the clusterf*ck that was MP Megatron. I'd ordered mine from Captured Prey because he wasn't putting the orange plug on Megs.
Good times.....good times.
Posted by Yotsuyasan on November 22nd, 2014 @ 7:31am CST
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.
Posted by ScottyP on November 22nd, 2014 @ 10:14am CST
BigBadToyStore.com wrote:
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).
MSA strikes again. Philip Morris and RJR are fractions of what they used to be due to that settlement, and will do whatever is necessary to cover themselves from potentially violating the terms of it. Crazy the impact that's still felt from that, even crazier that it reached the world of import Masterpiece Transformers!
Gonna go pour out another one for my homie Joe Camel. RIP.
Posted by Dead Metal on November 22nd, 2014 @ 10:51am CST
All they're trying to do is protect themselves from some idiot suing them for something they have no control over.
Posted by Skyfire77 on November 22nd, 2014 @ 11:59am CST
LOST Cybertronian wrote:BBTS also pulled these from its website and someone on FB got the same kind of letter regarding this sticker set.
Well, I'm glad I canceled my order when Reprolabels released their set.
Dead Metal wrote:They aren't doing this to "be evil" or to get money out of Takara, they are doing this to prevent fingers being pointed at them. They hold the trademark rights to those patterns, which are associated with their brand (the very reason they're on the toy in the first place), so if someone buys the toy via US means and sees the pattern, they can actually sue Phillip Morris for plastering it on "children's toys".
All they're trying to do is protect themselves from some idiot suing them for something they have no control over.
That's my read on the situation too.
Posted by spiderbob007 on November 22nd, 2014 @ 12:22pm CST