Let’s just start from the technical facts — where you sell isn’t part of the trademark application or consideration and thus is wholly irrelevant to what is factored in to the decision. From a trademark at work purpose if someone could confuse the not-LV at Ross as being the LV at upstairs, than that is what has to be avoided. Trademarks are meant to primarily protect the consumer moreso than the manufacturers. And the threshold is very lenient. Is it reasonable someone could be confused by your example? existing trademark precedent believes yes.
Not unique to this line at all. It's depressing how generic so many of these niche lines are. You're in that miniscule club of folks with the funds to finance production of a toy, something most of us can only dream of doing, and you waste the opportunity on dull/ugly garbage? I have some Valaverse stuff ordered, don't get me wrong, but so much of what was offered was just unappealing (let alone at small run premiums). "Take movie Duke and make him even more generic" is spot on criticism.
Yeah I know that. The primary test is whether, apples to apples, a regular consumer could confuse two products based on the appearance and name of said products. Like I said, I just think there's a potential viable legal argument to be had in cases where venue differs so drastically. Another way to frame it would be in posing the question of whether a consumer would realistically expect to find a genuine LV product at a store like Ross. It's just my speculation and opinion though. I'm simply interested in the philosophical point; I don't have a dog in the fight as it were.
I owned those before getting rid of them and in my opinion these Valaverse weapons are way better. These just feel so solid. I’ll definitely be purchasing the painted weapon packs of these they are selling that are on preorder.
Is anyone making 6" versions of Joe/Cobra weapons like the Cobra Viper combat rifle? I really like the design of their classic gun and Vipers (if I ever get lucky enough to buy one at a reasonable price, that is) don't look right without it. The classic Joe laser rifle needs a 6" upgrade too.
His store is closed until 3/8, but this guy has exactly what you need: https://www.etsy.com/shop/Mark2Design I already got the Joe laser rifle from him:
Im still irritated about the vala stuff being delayed. I want my damned accessories packs. About to open Red Ninjaman.
Bobby did a livestream not long ago, and it just plain looked like they hadn’t worked out all of the production details yet. He had some test shot examples of some of the figures, and they looked to still need some refining.
Good thinking @NSJ23 as I was actually planning the exact same thing. Going to wait till my two orders of the Troopers come in and someone else as well.
