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

Discussion in 'Transformers On Ebay' started by Kingplay, Jul 11, 2008.

  1. Kingplay

    Kingplay Banned

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    Noticed another auction: [​IMG]

    What are your takes on it, should these listings be pulled or processed?
     
  2. Might Gaine

    Might Gaine The Devil Express

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

    Kingplay Banned

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

    Might Gaine The Devil Express

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    Painting it purple is not the same as clear-coating it.
     
  5. funkatron101

    funkatron101 TFW2005 Supporter

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    Where is this auction?
     
  6. Insane Galvatron

    Insane Galvatron is not insane. Really!

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    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.
     
  7. Might Gaine

    Might Gaine The Devil Express

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  8. e3nine

    e3nine Poop.

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

    AnimatedFan Banned

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    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.)
     
  10. Kingplay

    Kingplay Banned

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

    AnimatedFan Banned

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    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.
     
  12. Trek

    Trek Well-Known Member

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

    From HissTank.com:
    Without the box there would be no problem.
     
  13. AnimatedFan

    AnimatedFan Banned

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    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.
     
  14. Might Gaine

    Might Gaine The Devil Express

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    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.
     
  15. Red leader

    Red leader Nom Nom Nom

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    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. :) 
     
  16. Ramrider

    Ramrider TF Art Lad

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    I do like the metallic purple.
     

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