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Dealers Will Not Be Able to Sell Third Party Figures at BotCon 2012


Shadowpanther

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If you are looking to score some great third party figures at BotCon 2012 this year, you may be out of luck. According to multiple clarification emails and Fun Publications' Pete Sinclair, dealers will not be allowed to sell anything that was not made or licensed by Hasbro, Inc. and/or Takara Tomy. "As long as it is official Hasbro OR TakaraTomy product then they are official products," Mr. Sinclair posts on the TFW message boards, "[t]hey can also sell officially Licensed TF goods from Hasbro or TT." He continues that "anything else is a knock off or an unofficially licenced good." Continue reading... Read the Full News Story Here
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Its a shame - I picked up a few 3rd party items back in 2010, but Hasbro is certainly well within their rights to do this. Allowing 3rd party stuff at the official convention does give the impression of condoning this stuff. It's a shame for those who might have wanted to pick up a Warbot Protector at the `con, but Hasbro does need to protect their IP.

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Its a shame - I picked up a few 3rd party items back in 2010, but Hasbro is certainly well within their rights to do this. Allowing 3rd party stuff at the official convention does give the impression of condoning this stuff. It's a shame for those who might have wanted to pick up a Warbot Protector at the `con, but Hasbro does need to protect their IP.

 

Everything created by these 3rd party TF toy companies that Hasbro/Takara has never created design sculpted toys of & is called different character/brand names,these aren't going against hasbro/takara toy/brand/media names IP theft.

 

This is clearly Hasbro going to the extreme. Hasbro nor Takara can't legally conficate these 3rd party toys because they don't have the legal right to act & perform these actions. only people who wear badges & are employed by state/governmnt law enforcement can legally conficate & keep stuff. hasbro/takara can't legally keep these toys after they took them from fans at botcon's convention because they are not law enforcement.

 

All Hasbro/Takara can legally do at botcon regarding 3rd party TF toys is as follows:

1- Because this is a official convention sponsored by hasbro,takara IDW,activision. The sponsors have the legal right to keep out of the convention all illegial copies of whatever they deem is illegial & unacceptable.

 

2- hasbro & it's sponsors can prevent dealers & fans from bringing 3rd party/KO TF toys on the dealers floor & at the convention.

 

3- Any illegial properly owned by the fans can not be seized not kept by hasbro,nor TFCC,Nor takara. the fans of said illegial property must be told to remove the items from the convention.

 

4- Hasbro nor it's sponsors are not allowed to do raids on hotel rooms or at any other places that are not inside the convention area like the dealers room or live panels.

 

5- Hasbro has no legal right to keep these toys. because technically they are not stolen. these toys were clearly bought by customers who paid for them by 3rd party companies who created them.

 

6- Hasbro can be bought to court & sued by the fan or fans if they try to keep 3rd party TF toys that were owned & in the possesion of the fans at botcon or wherever.

 

7- at this point hasbro can only legally conficate stuff from botcon convention members. if their caught stealing TF products from the hasbro liscensed test shot,proto type display or caught stealing TF toys/merchandise from the dealers on the dealers.

floor.

 

8- only people with a badge & who work for law enforcement are legally allowed to conficate items that were paid for by the customer & are deemed illegial by the state/company or corporation. even then the customer,who had his items confiscated can legally set up a court date & try to get his conficated items back.

 

9- 3rd party TF toys is a grey area. state police would never agree to police botcon's convention via walking around the convention with hasbro & it's sponsors looking for 3rd party TF toys. because state police have better things to do like save lives.

 

10- in the end,all TFCC,hasbro & it's sponsors can legally do is as follows: (1) search bags before attendees enter the convention site looking for KO/3RD party TF toys/merchandise. if found prevent the merchandise from entering the convention. Hasbro nor TFCC nor it's sponsors are not allowed to conficate nor keep these items. this is stealing from attendees & against the law. hasbro,tfcc & it sponsors can legally be bought to court & sued by the fan/fans who had their items conficated & kept/stolen by hasbro/tfcc/or it's other sponsors. (2)hasbro,tfcc & it's sponsors are allowed to walk around the convention,check to see if their any 3rd party merchandise at the convention. their allowed to throw fans/dealers out of the convention & ban them forever. BUT NOT ALLOWED to conficate the items & permantly or temporarily keep the items as their permanent possession. (3)TFCC,hasbro & it's sponsors are allowed to call state law enforcement to escort & keep out those who are either caught or try to bring 3rd party TF toys or merchandise in the convention. TFCC,Hasbro,state law enforcement ARE NOT ALLOWED to keep nor conficate these 3rd party TF toys/merchasndise. because technically the fans didn't steal them,they bought them from another toy/merchandise company not named hasbro nor it's sponsors. (4) the only times law enforcement are allowed to keep & conficate items is as follows: if their illegial drugs,if theirs alchol bought on premises where it's restricted. if stuff was stolen & not pad for. like a car getting stolen. or a botcon atendee caught stealing from a botcon dealer or caught stealing from the hasbro test shot/proto type TF display.

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It's for sure a gray area.

 

But, since it is private property, and Hasbro/FunPub runs this, they have the right to stop them from displaying/selling. Because the dealers agreed to these terms prior to display, they can have their merch seized and thrown out.

 

However, if they do find attendees with the merch, they cannot search nor take without going through a bunch of law loopholes. A product that violates IP must be conducted in court. They are not the law and cannot take it without legal right.

 

I'm not a lawyer or a law student, but illegal search and seizure is still illegal search and seizure. IP violations do not effect the people who buy, but the people who make (see Galaxy Tab supposedly infringing on the iPad).

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It's ip theft. Go figure Hasbro doesnt want it there.

 

Also, I think it was a month ago when dealers were first noting the clause in the dealers agreement. Basically, by participating in being a dealer and agreeing to the agreement forms, they signed a contract. Therefore Hasbro and BotCon have all legal rights in a matter the dealers who set up tables agreed to. Like BWBM said, Hasbro can tell them what they cannot sell at the con.

 

Basically, Hasbro doesn't want that stuff in their house, and they mean it.

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I guess no one here notices how vague this is? Basically they can take ANYTHING that they fell violates some sort of rule, not just Knock Off's.

 

"Promoter and its designees, including Hasbro, Inc., each reserves the right to ban or deny display of any item for any reason. Promoter and its designees, including Hasbro, Inc., each reserves the right to confiscate any items that violates these rules and regulations. Exhibitor agrees to permit such confiscation without incident and agrees that all confiscated items shall become the property of Promoter or its designee and may be turned over to the appropriate authorities. Exhibitor herby [sic] waives and all claims against the Promotor [sic] or Hasbro, Inc. with respect to any removal of person or confiscation of items."

 

So in other words, if hasbro doesn't like the fact your selling your boxed g1 toys then THEY CAN TAKE IT! Morso it appears that they think they can keep it indefinitely afterwards. "although legally speaking I am not 100% sure how well this would hold up"

 

 

Needless to say, ALOT of dealers are quite unhappy with this and are pulling out. Which is bad for the attendees because those "botcon" deals wont be nearly as good without the competition.

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Reluttr, this is indeed vague language, and FunPub's clarification has helped ease some worries, I'm sure.

 

However, you're right - they could just willynilly throw people out, although business-wise, it will hopefully not come to that.

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It's ip theft. Go figure Hasbro doesnt want it there.

 

Also, I think it was a month ago when dealers were first noting the clause in the dealers agreement. Basically, by participating in being a dealer and agreeing to the agreement forms, they signed a contract. Therefore Hasbro and BotCon have all legal rights in a matter the dealers who set up tables agreed to. Like BWBM said, Hasbro can tell them what they cannot sell at the con.

 

Basically, Hasbro doesn't want that stuff in their house, and they mean it.

 

"Their" house? BotCon is supposed to be a fan convention, not Hasbro's own little Toy Fair, that's SDCC.

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