Troubling news comes to us via our sponsors Big Bad Toy Store. Masterpiece MP-23 Exhaust – who is based on the Diaclone “Marlboro” Wheeljack – apparently cannot be sold legally in the USA.
The problem comes from the fact that Exhaust uses a shape on his design – the rectangle with a triangular portion removed from the bottom – which is alleged to infringe the trade dress of Marlboro & Phillip Morris USA. Under the Tobacco Master Settlement Agreement, these marks cannot be used on products that could be intended for children.
(You could make an argument for Exhaust being an “adult collectable” as he is a part of the high-end Masterpiece series, but ultimately the wider Transformers brand is targeted at children, and there’s where the “could be intended” part swings in and catches this one).
The upshot of all this is that Big Bad Toy Store has been asked to remove listings for Exhaust, and have complied – anyone who preordered has been transferred to a non-public listing on the off chance that Takara-Tomy alters the deco; should this not happen (and this fan thinks it is unlikely) Big Bad Toy Store will refund preorders as they, and potentially other USA based online retailers, will not be able to sell Masterpiece Exhaust in the USA.
Read on for the full text of the email update from Big Bad Toy Store. Hi – We wanted to update you about a new development in regards to your preorder of the Transformers Masterpiece MP-23 Exhaust figure from Takara. We were just contacted by a law firm on behalf of Marlboro & Phillip Morris USA. They informed us that the MP-23 Exhaust figure infringes on their trademark and trade dress for products marketed and sold in the USA.
The mark is generally shaped like this:
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This mark is found on the hood/roof of the MP-23 car in red, and also in smaller green shapes on the left and right fenders.
They are concerned because these marks cannot be used on products that could be intended for children as dictated by the Tobacco Master Settlement Agreement (http://en.wikipedia.org/wiki/Tobacco_Master_Settlement_Agreement).
We must comply with the requests they have made in order to avoid legal action with Phillip Morris. We have removed the MP-23 listing from our website. Your preorders have been transferred to a generic unpublished listing in case the product is changed or modified before release. If the product is not changed, we will be forced to cancel all preorders and we will not be able to sell this product.
We apologize for the trouble on this item.
Thanks!
Joel Boblit
President
www.bigbadtoystore.com
ChromeMagnus
@ibot Can you make hands for MP Exhaust?
ChromeMagnus
Mine just arrived today!
DukeFett
Awesome, most of the reissue talk is going on here: http://www.tfw2005.com/boards/transformers-news-rumors/1050973-masterpiece-exhaust-reissue-5.html
Afrecho
Yes! Finally I'm getting an original Exhaust from HLJ. Put in private warehouse and waiting for Tracks being released and ship both to Chile.
anubis20
Many thanks for the deal! Will try to emulate what rampageSSS did and paint the original deco back on it
Sixo
Bloody hell! I just ordered this guy this week. I only hope I can make him look half as incredible as you have.
Transformed
Love the repaint, looks glorious!
Nighthawkblack
Id like one, all of my MPs aren't open so it would be nice to get one to play with. Yep, I said play.
I wrote them a few days before people got their modified ones and they never replied. How can I order one?
Markdelg
Question: Are there many people here who would be interested in getting the TFSource "repainted" Exhaust at cost? I know that many people (including myself) preordered through TFS and are now stuck with a toy they don't really want and will most likely return. But if other members who never got one at all are still trying to find one and people who did get him are willing to sell theirs instead of returning it, should there be a sale thread for that?
Sweeny
Blimey, your paint mods and the labels look fantastic. I have one set of the Ocean decals but now I'm tempted to copy you and get two more sets! Awesome work.
rampageSSS
Thanks mate!
The decals are from ocean designs and I used 3 sets as you only get one large Marlboro decal and you will need 3 of them.
Just use nail polish remover to remove the original Lancia on the bonnet, and used Tamiya bright red to re-paint the triangle and the rear guards to again remove the Lancia decal and put the correct Marlboro decal.
But to me looks much better then the original
Dead Metal
Oh yeah, it was days, a week and half at best. But they did cancel pre-orders. I used to be seibertron.com news crew, and there were people who complained back then that TFS sent them e-mails stating that they had to cancel their pre-order because they didn't get enough stock. Which is what I put in the article, which in turn got Ryan in trouble.
Haven't even looked at their site since.
Thundershot
Looks like one of the sheets from stilettoheels…
videriant
Doesn't TRU do the same thing? I'd be semi-okay with this as long as they jacked up the eBay and website prices the same. Supply and demand and all that.
I'm okay with jacking up prices on in-stock items but not okay with cancelling pre-orders to jack up prices. If I remember the Shadow Scyther situation correctly, TFS did not cancel pre-orders so much as they suspiciously sold out of pre-orders. And it wasn't a month so much as days that they started selling them for inflated prices on ebay. This was a douche move by TFS because FPS split their entire stock between Robotkingdom and TFS so those were the ONLY places to get these items.
videriant
Dat's purty. How do I get one of those.
shadowfall1976
Philip Morris prepares a cease and desist, calls for your pictures to be removed and your figure to be repainted immediately.
This is what I wanted, not that blocky ass factory paint. I prefer what TFSource did over factory apps.
Dead Metal
Yup, I remember back when FansProject released their black Rodimus armor, and demand was so high. TFSource suddenly cancelled pre-orders people had with them claiming that FP didn't send them enough stock. A month later they "happened to come across" a larger stock of them and started selling them at an inflated price (I think tripple the original price) claiming they weren't making money off them because it's close to what they had to pay for them and that this was just a friendly service to their customers. The funny thing is, no other retailer had problems with their stock.
rampageSSS
Looks So much better now!
JoeHavok
Thousands of these figures were produced and sold. There is no shortage. Anyone paying the insane mark up, I feel sorry for you guys. Eventually the price will come down. Trust me.