Quote:
Originally Posted by JTR Hobby
Yes it is a gross over simplication, and it is not that simple.
Hasbro themselves would not confiscate anythign as they don't have that right, but what they can do is file a complaint with Canada Customs/US Customs about confeit merchandise being imported or suspected shipment violating IP Laws or whatever legal argument they need to have the shippments stopped at the border and inspected. Then things will go from there. If you say it can't be done, look at what happened with BBTS and all of their MP Megatrons that were stopped at the border and inspected and forced BBTS to install orange plugs to conform with US law.
Hasbro hasn't bothered to pursue 3rd party companies (I suspect) until now because they haven't been much of an issue until lately.
If these 3rd party companies want to be legit, then they should get a lisence to product the items then there is no issue. I know Takara issues 1 day licenses for toy shows in Japan where companies can produced licsenced Transformers merchandise, perhaps the same could be done here.
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I'm sorry, but there is a
huge difference between forcing someone to insert orange plugs into a toy made by a company that is imported into the states and siezing all products that are 'Transformers' Not Made By Hasbro.
That my friend is what is known as a Monopoly, it tramples on the rights of everyone involved with free enterprise.
No one company has the right to prevent the importing of product from outside of the country, just because it infringes on IP. If that were the case than all those Dollar Store Knock-Offs and shit would have been stopped already from ever setting foot into the merchandise pool.
I understand Japan has strict laws surrounding the KOs of Pokemon products, due to regulation and safety laws being not enforced with thos KOs and all that other legal mumbo jumbo stuff. (I'm not a law student, so I don't know the ins and outs of everything.)
However, I am fairly certain that it would be absolutely AGAINST the best relationships between Hasbro and Fans if such actions were taken. As well as Hasbro and Retailers who have sold 3rd party products.
Hasbro is not the one with the clout, it is the retailers who dictitate to Hasbro what products they are willing to accept. If all the smaller avenue online retailers started getting blanket bannings and warnings of all Hasbro products due to them selling 3rd Party Products... Well it would not sit well with people at all.
Canada Customs or whoever also can't legally hold a 3rd Party Product for IP infringement, I mean if it was unsafe as a toy for kids, that's an entirely different kettle of fish. But these are all marketed as Adult Collectibles and Not For Children clearly on the packaging.
Then there is the one glaringly obvious fact that, if you start putting country wide bans on products because they are bootlegs or IP infringing... Well what about all those cheap DVD and BR players that people buy that aren't big name companies? What about the cheapo phones and cameras that everybody and their mother sells at retail chains as alternatives to the big expensive named brands? You wanna start banning those too? Force people only to buy Sony Products or Wal-Mart Brand TVs?
Monopolizing is just as illegal as IP infringement in Free Enterprise/Free Market societies.