Can third-party makers put a Decepticon symbol on Tarn’s face? Bill Ray returns to answer listener questions on Transformers intellectual property with John DeLuna. The three questions cover third-party Tarn figures, ToyHax reproduction Autobot and Decepticon labels, and how the Transformers Wiki uses copyrighted material. The common thread: trademark use in commerce, and how much enforcement is worth to Hasbro.
Third-Party Tarn and the Decepticon Face
Listeners asked whether third-party versions of IDW’s Tarn cross the line, since his mask resembles a Decepticon symbol. Bill says Hasbro’s registered symbols are protected when used to identify goods. Tarn’s mask is close, but not the registered version, and it is not used to identify where the product came from. Hasbro could argue confusion, since a grandparent buying for a child might not spot the difference. But suing would cost more than it gains, so Hasbro has room to argue the symbol is not trademark use. Bill notes Flame Toys is believed to be licensed, and pleasing a licensee is one thing that could change Hasbro’s calculus.
ToyHax Reproduction Labels
The second question covered ToyHax, formerly Repro Labels, which sells Autobot and Decepticon symbol sheets. John reads the sheet’s disclaimer: for private collectors, not for resale, and not intended as trademarks. Bill says the disclaimer aims to show the symbols are not identifying the source of goods. Some countries allow replacement parts like repair badges, but the United States is less clear. The disclaimer also guards against contributory infringement. Bill thinks ToyHax helps Hasbro sell toys, so Hasbro has little reason to act, though a paying licensee could change that.
The Transformers Wiki
The last question asked how tfwiki.net can use so much Hasbro material. John and Bill disclose they know many wiki contributors. Bill explains the ads make the wiki commercial, but discussing marks is not the same as selling goods under them. On copyright, the wiki takes small portions of larger works and often shoots its own toy photos. Copyright holders are also free not to enforce. Bill notes Hasbro staff have referenced reading the wiki.
Contributors: John DeLuna, Bill Ray (guest)
Your snack-size Transformers podcast every week. Get in-depth reviews, commentary and more in 30 minutes or less!
Podcast: Play in new window | Download (Duration: 45:50 — 87.8MB) | Embed
Radio Free Cybertron January 13th 2010
Radio Free Cybertron 510: Chaos on Velocitron but Dononomics at Toylanta
KFC KTC Transistor Transformers Not Blaster Review