Basically, if Tomy had started out with a significantly different paintjob - like Hasbro's Hyperspeed Wheeljack, which was a homage to the same Diaclone, but essentially had red-white-red strips rather than a chevron - they may have had no trouble. As it was, the changes they did make were too little, too late (had they *started* with that version, they may or may not have had no trouble, even though it's closer than HSWJ. But once it was on everybody's radar that it was PM-based, they needed to change it MUCH more if they wanted to export it, maybe even beyond HSWJ's version. These things are rarely about what a final judgement would say, and more about the time and money it would take to reach that point against a company with DEEP pockets and a serious interest in stopping it...)
Yes. I guess we need to start every page of the thread with the reminder that it's far less about the infringement as it is about the US Federal law that prohibits even the perception of advertising of tobacco products to children.
It's a contractual thing, not an actual law, yes? (Same result, different method).