Clear K.O.s Repainted as Customs, on ebay (legal or fraud?)

[Kingplay]

Noticed another auction: http://cgi.ebay.com/TRANSFORMERS-MIRAGE-CUSTOM-PURPLE-MIB_W0QQitemZ250268467540QQihZ015QQcategoryZ4696QQssPageNameZWDVWQQrdZ1QQcmdZViewItem

What are your takes on it, should these listings be pulled or processed?

[Might Gaine]

It's a custom. Who cares what was used to make it.

[Kingplay]

It's a custom. Who cares what was used to make it.

So, the new route for K.O. is to say, I customized it by giving it a light protective coating to improve its gloss?

[Might Gaine]

So, the new route for K.O. is to say, I customized it by giving it a light protective coating to improve its gloss?

Painting it purple is not the same as clear-coating it.

[funkatron101]

Where is this auction?

[Insane Galvatron]

I think they could get away with still making KOs if they would just make the boxes completely unique ( with no trademark infringement ) and change the hue of one color slightly and call it custom. All those clear toys they have could be listed again if they would just change the box.

[Might Gaine]

http://cgi.ebay.com/TRANSFORMERS-MIRAGE-CUSTOM-PURPLE-MIB_W0QQitemZ250268467540QQihZ015QQcategoryZ4696QQssPageNameZWDVWQQrdZ1QQcmdZViewItem

[e3nine]

It's a custom ... It's not like he's saying it's a real purple Mirage.

[AnimatedFan]

Bootleg or not, by the time that kind of work is completed. it's a fanmade work. If eBay starts cracking down on that, then they have gone too far.

It's not fraud because the person buying it knows it's not the original item. (if they're stupid enough not to, then screw them. I'm only willing to go so far to deal with stupid people.)

[Kingplay]

Bootleg or not, by the time that kind of work is completed. it's a fanmade work. If eBay starts cracking down on that, then they have gone too far.

It's not fraud because the person buying it knows it's not the original item. (if they're stupid enough not to, then screw them. I'm only willing to go so far to deal with stupid people.)

ebay isn't trying to protect stupid people, they trying to protect themselves from lawsuits

[AnimatedFan]

ebay isn't trying to protect stupid people, they trying to protect themselves from lawsuits

Protecting themselves from lawsuits, filed by people in a moment of stupidity.

The flat out bootlegs like the Dinobots? Sure. Those are fair game for Hasbro.

This, on the other hand is very clearly a repaint and fan work. If they start cracking down on auctions like this one, then people like Jin Saotome would be considered to be infringing on their intellectual property, and that most definitely would be met with opposition.

This auction will do just fine.

[Trek]

Actually, according to Hasbro's guide to customisers this is still trademark infringement.

From HissTank.com (http://www.hisstank.com/forum/showthread.php?t=5076&highlight=custom+trademark):
1. Hasbro encourages the customizing of individual figures for personal usage, and can be resold as one-of-a-kind, out-of-package figures.
2. All Hasbro artwork, such as card art, cannot be reprinted without permission from Hasbro. These assets contain Hasbro-owned trademarks and logos, and cannot be sold or reproduced without Hasbro’s permission
3. Hasbro owned trademarks such as character names and the GI Joe brand name cannot be used without written permission from Hasbro.

As we look to the future of the G.I. JOE franchise, we want to ensure that the customizing community can thrive while Hasbro continues to protect the brand that it has spent the last 45 years creating. Hasbro will become more aggressive in the legal pursuit of counterfeit product that is being sold in all channels. We appreciate your cooperation with this matter.

Thank you.

Without the box there would be no problem.

[AnimatedFan]

Actually, according to Hasbro's guide to customisers this is still trademark infringement.

From HissTank.com (http://www.hisstank.com/forum/showthread.php?t=5076&highlight=custom+trademark):


Without the box there would be no problem.

Alright, you have me there. Still, the figure itself, bootleg or legit, is still within the boundaries because it's become a fanwork. That's the most important part of all of this.

[Might Gaine]

Whether it technically meets Hasbro's customizing requirements doesn't really matter that much. It's still unlikely Hasbro would take action against a guy who painted a counterfeit Mirage purple. They didn't even take action against the counterfeits at all for 3 years (assuming they were even responsible for the Ebay crackdown), so the chances of them going after customizers like this guy is ridiculously small.

[Red leader]

bottom line is the seller isnt saying ''Hey heres an original G1 toy'' or ''hi there buy this official G1 product'' they have made it clear what it is and the buyer will know what they are getting, customs arent fraud regardless of where the base item has come from, well not from where I'm sitting. :)

[Ramrider]

I do like the metallic purple.