Masterpiece MP-23 Exhaust Cheeky Bio Revealed

shajaki wrote:

Sabrblade wrote:His collector coin was canceled.

I think you're right, but I ca't find that info. I recall someone posting their invoice from RobotKingdom saying they will uphold pre-orders, but won't receive the coin. What I don't remember seeing, is that the coin was outright cancelled.

Would this be because Hasbro Asia has been handling most of the coins lately? And they were the first to drop distribution of the figure?

Yeah, the coins are Hasbro Asia's thing. Since they won't be touching Exhaust, he gets no coin.

If The Botcon people were smart, they'd do a version of Exhaust out of the Generations Wheeljack mold.

shajaki wrote:

RiddlerJ wrote:If The Botcon people were smart, they'd do a version of Exhaust out of the Generations Wheeljack mold.

Hasbro is the one getting the blunt of the pressure from PM. I doubt they'll ever have a hand in an Exhaust type figure again unless the homage is so far removed that it loses most of its meaning

I'm curious to know if the ruling applies to "Toys and Games" only, or at the very least any category which has children exclusively as a target audience (which would exclude "Adult Collectibles"), or basically any type of merchandise category.

We really need someone with a Law Degree here on the boards

JelZe GoldRabbit wrote:

shajaki wrote:

RiddlerJ wrote:If The Botcon people were smart, they'd do a version of Exhaust out of the Generations Wheeljack mold.

Hasbro is the one getting the blunt of the pressure from PM. I doubt they'll ever have a hand in an Exhaust type figure again unless the homage is so far removed that it loses most of its meaning

I'm curious to know if the ruling applies to "Toys and Games" only, or at the very least any category which has children exclusively as a target audience (which would exclude "Adult Collectibles"), or basically any type of merchandise category.

We really need someone with a Law Degree here on the boards

Again, I will say, this is not a blanket ruling that established a law, but a civil case settlement that five very large tobacco companies, including Philip Morris, are bound to abide by the terms of. They have basically permanent legal staff that aggressively pursue and shut down anything that might even remotely look like a PM endorsement of marketing practices that are forbidden by the MSA, often using copyright/trademark issues to pursue this. Typically, the threat alone will make anything go away, and for good. It's a US civil matter, so within the confines of Japan this thing is fine, but for companies like Hasbro that are more or less global, it's an issue, so anywhere that was going to get these things in distributed from Hasbro Asia (or any other subsidiary of Hasbro) won't. It's also rumored that Takara Tomy did a very limited run of these due to only really needing to meet demand for their domestic market.

Bwahahahahaha... dat bio.

JelZe GoldRabbit wrote:

Rated X wrote:Whats shady about exploiting a grey area ? Politicians do it for a living. As I stated earlier, its not illegal to own (or sell) a marlboor wheeljack in the US. Its only illegal to advertise and market it as a "childrens product" in the US because it promotes tobacco. (according to phill morris who wants his piece of the pie) So if you do away with the whole "advertising" aspect of selling the product, you can legally sell it to adults in the US. (With paypal account being proof of legal age) Its that simple. So yes all these smaller retailers that are following bbts/tf sources lead are truly spineless and stupid. Its their profit loss, not mine. I got my classics Exhaust already. I dont collect MP.

You forget, no matter how much you try and sugar-coat it, legally Masterpiece Exhaust falls in the "Toy" category, because Hasbro and TakaraTomy, down to their cores, are "Toys and Games" companies and rtegistered as such, end of story. No matter the audience (children vs. adults) or the intent (like collecting). There is a category for "Adult Collectible" I believe, but only for companies that produce those, and only those. Look at FunPub and how their boxes say "Adult Collectible" with an age to match.

You're right about it not being illegal to own him, but selling him in bulk as a registered store will get you in trouble. And don't even think changing a products' category will change that, in fact that would only add fraud to the offenses once investigations have been completed.

Could anyone with a Legal Degree (which means someone who actually studied law) come here and explain a thing or two?

I don't have a law degree but a lots on common sense. As you postulated, attempts to exploit the gray area will get you into deeper trouble for fraud etc. BUT, if you want to go by the letter of the law.......not advertising the product to minors. X mentioned something about PayPal. That outfit won't allow purchases of "adult" related products (at least on the surface ) I should..........know a bit of that cr@p. Anyway back to topic, I was once a member of a now defunct online retailer that was VERY strict with regards to such "adult" material. They strictly required members to reigster proof of their identity and the likes. Those measures imho were meant to ensure that proof of identity and not defraud.

X has a point on the "spinelessness" of the retailers. In a sense "the more trouble than its worth" mentality is running here but somewhere down the road, this might rear its ugly head again for Meister and Rijie.The result might deter Tomy from even issuing this guys.

I have a pragmmatic and legal approach to this sh*t piece.

Situation: Fenrir72 online store
Open an adults only section with the following requirements to access:

1.For American costumers Drivers' license scan and or copy of Credit card with the relevant numbers blacked out together with the user registering their actual/accurate bio data
2. Recent bank statements to indicate actual use of said card
3. Supposedly BBTS has secured credit lines so it's the risk of the buyer if they actually want to purchase the item if their info gets hacked.
4. The law should more or less see the efforts to stay true to the letter of the ruling to keep the retailers legally safe.

I still fail to see how it's spineless for stores to refuse to stock this item when they're facing legal pressure from tobacco industry lawyers. Said lawyers are extremely experienced and backed by companies that throw them a ton of money to protect their interests. Whether or not Phillip Morris Co. is legally right to prohibit sales of Exhaust in America, the retailers that would carry Exhaust are not equipped to fight the notorious strength of the tobacco industry. It's simply not worth the time or money they would have to invest to engage in this legal battle, so it's easier to lose the profits for this one figure by not selling it, instead of losing the profits from their entire business by fighting.

Agent-539 wrote:The legal issue has been explained a thousand and one times. Are some people having a hard time understanding that PM has done their homework to block domestically? That Bot and a few others are correct. It's not economically sound to challange a lawsuit to discover a loop-hole just push push a few units domestically. Hasbro and Takara would have to change their business catagory and anybody remember Joe Camel?

And the issue is? Do not sell an item that is anyhow construed to be a tobacco endorsed product to kids.

So by all means do so and follow the letter of the law. As also mentioned in my post, the mentality of its more trouble than its worth then so be it. I'm actually not affected as my Exhaust is already on its way.

In my line of work, instead of just bellyaching, I proposed a solution. I don't "parrot" what the majority conveniently chorus.

And, my solution isn't at all towards Tomy and Hasbro. Tomy doesn't even have a problem with this regard as they sell to the Japanese market (as ALL MPs are meant to be with the exception of those with the Asian market in mind then Hasbro is indeed involved). If Hasbro sees it otherwise fine again.

But for parties who want to sell it independently, see the practicality of my suggestion without breaking the law.

Seibertron wrote:I think the biggest thing I learned about Masterpiece Exhaust was how quickly retailers complied with Philip Morris' lawyers. Now if only Hasbro's lawyers would follow in those footsteps to do the same with 3rd party products.

That's just never going to happen...

Your personal animus of 3rd Parties aside, a legal challenge by Hasbro is in no way worth it for them. Marlboro's white/red triangle design is trademarked and an essential piece of the brand - it would be impossible for Hasbro to protect their hundreds of characters in the same way, especially when 3rd Parties' fudge the design cues that make certain characters recognizably Hasbro's. Plus... the MSA that PM must adhere to is a huge incentive to quash infringement - the resulting penalties should they not take action would be massive. Hasbro doesn't have the same noose around its neck.

Honestly, I think Hasbro is doing a great job competing on its own terms. CW is shaping up to be their best effort in years. 3rd Parties have lately shifted its focus to MP- styled figures, and of Takara steps up its efforts in that area, I can see the market for 3rd Party figures shrinking significantly.