WCW-Figure-Fan
Main Eventer
Joined on: Jan 28, 2002 22:38:39 GMT -5
Posts: 2,382
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Post by WCW-Figure-Fan on Oct 19, 2007 16:10:26 GMT -5
Marvel Legends were a unique case in that the original toy company was owned by the license holder. Actually, I think it was technically vice versa. ToyBiz owned Marvel so when they moved the license, they were able to ensure a continuity of product. That won't be possible with WWE and Jakks. A new company can try to emulate the Jakks product, but in truth the product will be very different across the board.
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Neekotronus
Main Eventer
Place him upon me
Joined on: Dec 20, 2001 17:08:00 GMT -5
Posts: 1,460
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Post by Neekotronus on Oct 19, 2007 17:29:05 GMT -5
THE WORK THAT JAKKS DOES PRODUCING WWE MERCHANDISE IS OWNED BY WWE. JAKKS CREATES THEIR WORK, FROM THE FIGURES TO THE PACKAGES TO ALL THE ACCESSORIES ARE WORK CREATED BY JAKKS FOR WWE UNDER A CONTRACT AS WORK FOR HIRE. WWE ARE PAID MONEY FOR JAKKS TO MAKE WWE MERCHANDISE. WWE OWNS ALL RIGHTS OVER SAID MERCHANDISE. DO YOU UNDERSTAND NOW? If you are suggesting that the part tooling done by Jakks is owned by WWE, you're not only mistaken but you are quite obviously mistaken. While parts tooled to specifically represent a WWE superstar or trademarked attire would be effectively useless without a WWE license, the core parts and accessories are Jakks' work and can be used outside of the WWE contract. More to the point, they HAVE been used outside of that contract. Do the Scorpion King and Rocky figures ring a bell? You misunderstand the nature of the business relationship here. Jakks isn't being hired to produce a product WWE owns. Rather, Jakks has paid WWE for a license to produce toys using WWE's intellectual property and trademarks. Their work, from sculpting to packaging design, is THEIR work. WWE can seek out another company at the end of the contract, but they can't take Jakks' work with them. That new company would start from scratch. While it is conceivable to some of Jakks work has contractual limitations on it, those limitations have to be in the contract and we've seen evidence that those limitations are at least not very broad. Jakks isn't working for WWE, strictly speaking. They've paid WWE to make and sell WWE products. Could Jakks make unlicensed wrestling figures? Maybe. It depends on the contract, but its not impossible that there could be a no-compete clause that prevents Jakks from producing wrestling figures for a period of time after the contract expires. If they can produce wrestlings, there is no guarantee that they would want to. Without the WWE brand, it would be difficult to maintain retail interest in the product. Not unprecidented, though, as ToyBiz/Marvel Toys has shown us with their Legendary Heroes line. Those toys, frankly, had no business being offered at mass market but Marvel was able to sell them to the big toy retailers. At the same time, if its not successful, it could make those stores dubious of Jakks even if they had a potentially better product to offer. Given that WWE has strongly positioned "Superstars" as its unique name for its wrestlers, I doubt they could maintain the name of "Classic Superstars". It may seem generic, but that sort of thing is upheld all the time and I suspect is a valid trademark. They key is how its being used as the protection would only apply to a wrestling context, but that is the context being discussed here. Anything derived of "Ruthless Aggression" is even more clearly protected by trademark and statute so those names would be out the window, too. Besides that, if they continued making figures, they would obviously want to brand them as a nostalgia line stemming from the CS line and not RA, DA, Adrenaline, etc. They might just opt for "Classic Wrestlers" to emphasize that they are wrestling figures. I don't see this happening, but it would be an option available to Jakks and given how much they have invested in parts during their WWE contract, the cost of starting a line like this could be quite attractive. I was discussing the trademark and copyright situation, not talking about molds or casts. You came in late on this and are turning it into a different conversation.
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Post by ps3lov3r on Oct 19, 2007 18:35:01 GMT -5
Hopefully the next company to get a hold a the WWE liscense can make some quality figs... if marvel does im never gonna wanna look at a fig again
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WCW-Figure-Fan
Main Eventer
Joined on: Jan 28, 2002 22:38:39 GMT -5
Posts: 2,382
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Post by WCW-Figure-Fan on Oct 20, 2007 12:00:27 GMT -5
I was discussing the trademark and copyright situation, not talking about molds or casts. You came in late on this and are turning it into a different conversation. Actually, you DID talk about molds and packaging and other things which were NOT trademarks. In all caps because you were trying to prove a point. A point you had been correct about until you overstated it by suggesting that Jakks produces product for WWE. Again, you said: You overreached in making your point and got it wrong. Deal with it. Jakks simply does not create these products for hire. They own their work. You were right that WWE maintains control over their trademarks, obviously, but that doesn't make you less wrong in saying that the figures, packaging, and accessories are created as works for hire and owned by WWE. If you didn't want to be corrected on this point, don't say it. Don't cry about how I'm turning this into a "different conversation" just because in this conversation you are the one who is wrong instead of the one who was right. It was appropriate to correct the original poster on his misunderstanding of how trademarks would apply to this situation, but its just as appropriate to correct you when you got the facts wrong yourself.
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Post by bobby on Oct 20, 2007 12:34:33 GMT -5
Man, you've got a real good point there.
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