Rumor: No Third Party Figure Sales at BotCon?, Looks like Hasbro may have put the kibosh on them? Options

[G.B.Blackrock]

Classics Sideswipe looks far more like a Lamborghini then say Defender looks like Springer.

At least to my eyes.

But it's not an actual car (Walky's point).

[MrBlud]

How does that factor in with something(s) like Springer that doesn't exist?

Both are still supposed to be "evocative" of something but without crossing the line enough to be sued.

[G.B.Blackrock]

How does that factor in with something(s) like Springer that doesn't exist?

I'm not sure I understand the question. Springer exists... There have been a few different Springer toys by now, in fact.

[Might Gaine]

Classics Sideswipe looks far more like a Lamborghini then say Defender looks like Springer.

At least to my eyes.

Defender is one of the least infringing of the third party bots, so not a good example. Besides the fact that he is green, has a copter and car mode, and has a vaguely similar head, they don't share much in common. Now, Hercules, on the other hand...

[Sean Whitmore]

Defender is one of the least infringing of the third party bots, so not a good example. Besides the fact that he is green, has a copter and car mode, and has a vaguely similar head, they don't share much in common.

I dunno, that's a lot of things to get past.

Especially with how Transformer aesthetics change from medium to medium, color, alt mode, and faces are pretty much the main things by which to identify character design.

[MrBlud]

I'm not sure I understand the question. Springer exists... There have been a few different Springer toys by now, in fact.

Which Defender doesn't match all that closely.

I was just contrasting *that* to Sideswipe not being a stock Lamborghini.

Now, Hercules, on the other hand...

Well yes, him and Giant are rather blatant.

[M Sipher]

I think it would be a better comparison to third party product if Hasbro were selling actual cars that looked like Porsches or Lamborghinis.

I think this VERY BIG POINT needs to be repeated.


M "Kind Of Important" Sipher

[Somebody]

I think it would be a better comparison to third party product if Hasbro were selling actual cars that looked like Porsches or Lamborghinis.

I think this VERY BIG POINT needs to be repeated.

M "Kind Of Important" Sipher

So you're saying Lamborghini don't licence their car likenesses for models, and any toy as much in the likeness of a Lamborghini as (say) Warbot resembles Springer's animation model doesn't infringe those rights?

[Might Gaine]

Defender is one of the least infringing of the third party bots, so not a good example. Besides the fact that he is green, has a copter and car mode, and has a vaguely similar head, they don't share much in common.

I dunno, that's a lot of things to get past.

Especially with how Transformer aesthetics change from medium to medium, color, alt mode, and faces are pretty much the main things by which to identify character design.

Yeah, but choice of alt mode is just an idea, not concrete enough to be protected by Copyright. And Transformers heads are so similar and derivative anyway, minor alterations are enough to distinguish them from one another. Like, if I put Defender's head on a totally random robot body, would you say, "That's Spinger's head!", assuming you had never heard of or seen Defender?

[Might Gaine]

Car designs are different. They're protected by design patents, not Copyright. Things with utility like cars, TVs, washing machines, etc. do not get as much protection as things that are purely entertainment, like stories, characters, art, music, etc.

[Naas]

Most third party TF products infringe Copyright, because they look like and are intended to be substitutes for Hasbro's Transformers characters. There's a reason companies don't go around making toys that look suspiciously like Mickey Mouse. Similarly, you can't just go around making toys that look suspiciously like Devastator, Ultra Magnus, etc.

What you can argue is that they're more of an "homage" than an outright use/theft of the character, but in my opinion, only a very small number of third party products fall into that category.

So, yes, they are by and large illegal.

Even the "homage" argument can fail, right? I mean, the people who made the Hercules combiner clearly intended for buyers to pretend that it is Devastator, and not just something that looks suspiciously alike.