Spotted Online – Poe Talks Unofficial Transformers and Bootlegs
Thank you to Blayne (website) for directing me to Poe’s post about third party toys. The entire third party Transformers scene has set off more than a few internet discussions, and Poe’s recent post continues that discussion by diving into areas of what’s legal, whether or not Hasbro is using these unofficial toys as market research, and even touches on a interview he ran with me.
As many of you know — between my posts here and Transforming Collections* — I am a fan of several of these toys. But I continue to be amazed that Hasbro hasn’t take action against some of the manufacturers and continue to wait for the day we see an army of lawyers march through the web and eliminate half or more of the third party toys offered on retail sites. But in many cases there’s no actual trademark or copyright infringement as I see it (I am not a lawyer and all that) and that could be exactly why Hasbro doesn’t act. Why go down a legal path that ends in bad press and actually legitimizes what your competition is doing?
Anyway, I wish I had more time to think about this subject today. But Gen Con calls . . .
Related articles
- Spotted Online – New Third Party Transformers Manufacturer’s Combaticons Announcement (battlegrip.com)
- Spotted Online – FansProject Creating an Unofficial Transformers Roadbuster (battlegrip.com)
- Spotted Online – Transformers Generations Blitzwing Upgrade Kit (battlegrip.com)
Aside from the “ethical” dilemma touched upon in Poe’s article and comments, I think the key word here is competition. There really is none between Hasbro, a billion dollar company, and these third party start-ups.
If 3P items were replacing or even attempting to replace Hasbro’s product at retail (i.e. Target, Walmart, etc.), I’m sure Hasbro would be more motivated to do something about them. But in the grand scale of things, as Mattel is always so quick to point out, the collector market is minimal compared to the kid & mom target demographic. And the number of collectors willing and able to purchase 3P products is even smaller than that!
Thanks for the mention Philip.
Between the three lengthy posts I’ve made at Poe’s site, I decided to condense them into a single article on my Custom Toy site’s blog for easier reading, complete with some tongue-in-cheek use of memes:
http://blaynes-customs.blogspot.ca/2013/08/3rd-party-transforming-toys-bootleg.html
The jist of my writing is this though: Strawman arguments abound in the article on Poe’s site, and 3rd party discussions in general. Overall, I believe 3rd party Transformers are a benefit to Hasbro/Takara’s Transformers IP. Arguments against it vary from ‘3P = Bootlegs’, and ‘3P = Stealing, just like bootlegging/ripping a CD’, and I feel both claims are very misleading.
In terms of practical solutions to the 3rd party conundrum, Hasbro could conceivably demand a portion product sales made by 3P companies, arrange for proper licensing of the derivative image(s), or outright shutdown designers and retailers like BBTS/TF Source carrying the product.
Excessive hand wringing or shrill calls of moral wrong doing against fans who purchase 3P products is absurd. At the end of the day, it’s up to Hasbro / Takara if they want to purse legal action. Until then, talented toy designers will continue to create good quality Transforming products for their own niche markets.
I love the sheer absurdity of the arguments. Let’s face it, there’s no downside to third-party toys. If a design is too close to an existing figure, the offending party gets a cease-and-desist letter. If not, you, the consumer, have more options. You can then buy a figure you previously didn’t have the opportunity to grab, or not.
The whole “you’re stealing from Hasbro!” argument is absurd for anyone except those currently under Hasbro’s employ. If Hasbro doesn’t care that there’s imitation UFO’s floating around (sorry, that’s the only third-party Transformer I can remember from your blog), why should anyone else?
“But I continue to be amazed that Hasbro hasn’t take action against some of the manufacturers and continue to wait for the day we see an army of lawyers march through the web and eliminate half or more of the third party toys offered on retail sites.”
Based on what I’ve been told from within Hasbro, that is absolutely in the works. Shutting down sales through the online retailers would be easy, but taking action against manufacturers located in other countries is more complicated. Some recent adjustments in policy/attitude are directly related to this ongoing process.