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character Renames

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I understand that it all due to copyrights and bureaucratic BS but I hate when character get renamed like trailbreaker(trailcutter) and shockwave(shockblast).

 

Why don't they simply throw the word autobot or decepticon in front of all the trademarks, like they did with Hound?

 

The "pre-fix" trick doesnt work in every case."Pre-fix" meaning the words Autobot/Decepticon/Special opps excreta, before the characters name.

 

Trade mark regulations are a very funny thing.In some cases the pre-fix trick works because no one owns the name or a name thats very similar.

 

The reason some names,like "Ratchet,Tracks,Hound,Jazz" cant be used is because they are the proper names for other things.A Ratchet is a tool,Jazz is a type of music, a hound is a type of dog and so forth.So the pre-fix trick works as long as they dont resemble what their names are proper for.

 

So as long as Autobot Ratchet doesnt trasnsform into ba ratchet tool its all cool.

 

Now in the cases like "HotRod,Trailbreaker" and many other, the pre-fix trick doesnt work because the nasme, or a very similar one, is currently owned by a different company.

 

HotRod belonging to HotRod magazine

Trailerbreaker being far to similar to Trailblazer onwned by a car manufactur.

 

To use those names on toys need the premission from those companies.

Actually, I don't think the Hot Rod magazine has anything to do with Hasbro not using the name, unless Hot Rod magazine releases toys.

 

From what I've read on TFWiki, Mattel has Trademarked Hot Rod, and variants of. (Hott Rodd, etc.)

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This new info just makes me more angry. Hasbro has to change hod rod because of a magazine and trailbreaker because it almost the same as the car, not the same but almost.

 

but on the flipside, there is no problem naming a basketball team the Trailblazers, and LG can name a phone Optimus.

 

I understand why marvel forces DC to use Shazam!, that is direct competition but this just seems like bs for the sake of bs

 

The sport team and the phone does not resemble the trademark holders merchandise.

 

A toy that becomes an automobile would be seen as can infringement.

 

I always thought that terms like "Hot Rod" or "Trailblazer" were more ambiguious colloquial terms ...something used in our culture enough that it wouldn't matter as much.

 

I presume Hasbro has tried that, but their legal department said no.

 

Actually, I don't think the Hot Rod magazine has anything to do with Hasbro not using the name, unless Hot Rod magazine releases toys.

 

From what I've read on TFWiki, Mattel has Trademarked Hot Rod, and variants of. (Hott Rodd, etc.)

 

What I posted about the magazine I heard from a Hasbro rep at a Botcon a few years back....althu he could have been wrong.

 

Keep in mind that it doesnt matter if the trademark holder doesnt sell toys.

 

By trademark laws state that the merchandise in question not resemble in any way the product of the name holder.

 

So, the trademark holder sells a magazine about "Hotrod" cars.

 

Hasbro's character named "HotRod" becomes a car.

 

Too many points of simularty.

 

Now if Hasbro took one of their Decepticon planes ands named him "HotRod" they could proberly get away with it.

Maybe so but Mattel's Trademark ran out in 2006 and they never resubmitted for it. I'm thinking Hasbro also decided to abandon the Hot Rod trademark and just go with Rodimus. As it would cause less legal challenges. Hasbro also is the only company to own Trademarks on anything with Rodimus. One thing I would like to know is why did they go with Darkmount instead of Straxus? There are no trademarks for anything Straxus.

 

TESS Database

Maybe so but Mattel's Trademark ran out in 2006 and they never resubmitted for it. I'm thinking Hasbro also decided to abandon the Hot Rod trademark and just go with Rodimus. As it would cause less legal challenges. Hasbro also is the only company to own Trademarks on anything with Rodimus. One thing I would like to know is why did they go with Darkmount instead of Straxus? There are no trademarks for anything Straxus.

 

TESS Database

 

Straxus was a Marvel character, maybe they own the name.

Then IDW must have licensed it so they could use it

Then IDW must have licensed it so they could use it

 

Not necessarily.

 

It could be just like the "HotRod" issue.The name can be used in fiction...but not on a toy.

 

Deamwave and IDW have been able to use the name in comics.

Maybe, So Marvel would have to trademark or copyright the name Straxus. Now I do know that you do not have to actually file for copyright but it helps out. Especially in the case of a property that is being licensed out. Any new character's created would be better off copyrighted by the licensee, in order to avoid legal issues. Unless in the actual license it states that new characters are the sole property of the owner.

 

I also just checked the copyright office, nothing on Straxus is there either

Maybe, So Marvel would have to trademark or copyright the name Straxus. Now I do know that you do not have to actually file for copyright but it helps out. Especially in the case of a property that is being licensed out. Any new character's created would be better off copyrighted by the licensee, in order to avoid legal issues. Unless in the actual license it states that new characters are the sole property of the owner.

 

I also just checked the copyright office, nothing on Straxus is there either

 

It may not be that anyone owns the rights to the name, but it may be that to use the name they have to place the name of the characters creator on the box somewhere.And to do so they need to pay the writer.

 

This crap is so convoluted.

This is why I like Japanese and South Korean Copyright and Trademark laws. Easier to understand

 

China doesn't even have any which is why its KO central LOL

This is why I like Japanese and South Korean Copyright and Trademark laws. Easier to understand

 

China doesn't even have any which is why its KO central LOL

 

I know what you mean.

 

I also just realized the issue with the name Straxus may not be a US trademark issue at all.

 

Hasbro has a few different English speaking markets, Canada,the UK...and a few others.It could be that the name is in use in one of those other markets, or maybe the name has earned some kind of un-wanted slang definition in one of those cultures.

 

Thats what haaened with the name "Slag".

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