Trouble for anyone making Myers custom masks or figures!

[EVILFACE]

Submit your masks to the company and gain a license to produce the mask for sale to others. Simple.

 

[DarkArtist81]

It doesn't work that way unfortunately. Same with the fact that I can't submit a figure to Sideshow and hope they will produce it. Sadly, they are happy with their crap masks.

 

[EVILFACE]

True, but you can't fault someone for protecting their licenses, no matter how long it took them to pull the plug.

 

[fulci zombi]

In fact, TRADEMARK (not copyright) law REQUIRES TM owners to protect the property or they lose the abiltiy to go after infringers. They do not have a choice, if they let anyone use the IP willy nilly, for profit, some rogue studio could make a movie featuring a michael myers lookalike and their case against them would be much weaker, since they had not been actively asserting their rights.

 

[DarkArtist81]

You guys are right... they are not in the wrong for doing what they are doing. I just think they are going about it the wrong way...that's all.

 

[nsmpls]

Damn.
this is crazy. I have some myers masks on order, hope this doesnt effect them.
Im sure its all because of the new movie and blood suckers that they are, want all that they can get before letting go and not care anymore. As of now, any new myers fans that might come from the new movie made, they want all profits from soon to be collectors.

 

[fulci zombi]

Well, yeah, they want profits from people collecting their character.

I'm sure if you make your own mask, or a one (single copy) mask, they'd leave you alone, but you wouldnt be able to sell it worldwide on Ebay. I don't think they'd go to a con and bother someone with a table selling one mask.

 

[thenammagazine]

Well, yeah, they want profits from people collecting their character.

I'm sure if you make your own mask, or a one (single copy) mask, they'd leave you alone, but you wouldnt be able to sell it worldwide on Ebay. I don't think they'd go to a con and bother someone with a table selling one mask.

No, they'd have someone do it for them, like ConOps or security.

 

[fulci zombi]

And they'd still be within their rights, but it wouldnt be worth the cost. Selling on a website or ebay is worldwide and more visible than some dude in toledo with a folding table.

 

[thenammagazine]

And they'd still be within their rights, but it wouldnt be worth the cost. Selling on a website or ebay is worldwide and more visible than some dude in toledo with a folding table.

Would they? They don't have the rights to the original Shatner mask. You can't steal a product, paint it white and then trademark it. I know first hand about Trademark laws here in the U.S. If someone just says it's their modified version of a Shatner mask, they have no grounds until they acquire the rights to the original mask. Also, I have yet to see a "TM" alongside any of the Michael Meyers masks which might mean this is just big corporation bullying tactics.

 

[fulci zombi]

You can steal a product, paint it white and TM it, absolutely - is that shatner mask sold much? still made? What is the image associated with, bill shatner? Or michael myers? To find out, someone (with some type of legit-ish claim, like the owner of the shatner mask rights) would have to go to court.

You dont need to register your TM's - you can get the same protection from usage, technically, though it is tougher to use as a weapon in court. this is why they have to police non authorized usage.

TM should appear on all licenses product, or (R) or (C) depending on their tactic for protection, though TM gives them the most bang for the buck for physical items, logos, product names. This may well be a (C) issue though, since they are waving the DMCA flag around, which is not related to TM. Using (C) for this seems weird.

I'm not defending them, just saying I understand their actions and to me the guy with the license holder, in letter exchanges, seemed more reasonable that the seller writing him.

 

[Darth_Fatso]

Again I'm not too worried. As I said I remember when Fvs.J came out New Line went after hockey mask and glove makers for about a year and shut down severall sites. I think what really alerted Trancas in the first place is when severall mask makers started charging $2,000 for a mask. Granted I belive as an artist you have the right to charge whatever you want for your work (especially if someones willing to pay) but charging that kind of money I think will definantly draw some attention especially if the product in unlicenced. But as someone said I'm willing to bet in a few months after the movie dies down, Trancas will ease off a little. Hell the movie may bomb so bad they may even be begging indie mask makers to keep making masks just to try to keep the fans.

 

[Anton Phibes]

You know what's funny about all this...I or you can buy this type of stuff and make a huge collection of it, and no one says anything about those of us who buy said rarities as collectors. But the sellers of said items are demonized.

It seems to me that companies would be better off considering this free market research and give the people doing the custom work job opportunities. At the very least for showing them that the collectors will buy said product.


I understand its still copyright/trademark infringement, etc. Legally its wrong. but when the talent pool is outdoing the licensed offerings, you don't fight them...you hire them. Then you have the best of both worlds. Bowen did it with the sculptors in the garage kit hobby, and so has Sideshow.

 

[thenammagazine]

You know what's funny about all this...I or you can buy this type of stuff and make a huge collection of it, and no one says anything about those of us who buy said rarities as collectors. But the sellers of said items are demonized.

It seems to me that companies would be better off considering this free market research and give the people doing the custom work job opportunities. At the very least for showing them that the collectors will buy said product.


I understand its still copyright/trademark infringement, etc. Legally its wrong. but when the talent pool is outdoing the licensed offerings, you don't fight them...you hire them. Then you have the best of both worlds. Bowen did it with the sculptors in the garage kit hobby, and so has Sideshow.

It's also a principal that's kept Las Vegas floating in cash and the cheats at minimum.

 

[devlinboy]

why not just call it a shatner mask? or did i miss something?? this is a bit technical for me lol.

 

[thenammagazine]

why not just call it a shatner mask? or did i miss something?? this is a bit technical for me lol.

That's what I'd do. The likelihood of anyone trying to sue you over that would be laughable because in the end, that's what it is, and nobody but the original mask maker and possibly Shatner himself, would have the rights to it.

 

[devlinboy]

That's what I'd do. The likelihood of anyone trying to sue you over that would be laughable because in the end, that's what it is, and nobody but the original mask maker and possibly Shatner himself, would have the rights to it.

thats what i was thinking reading through this thread. it seems there is a gray area in regards to the shatner mask. i would exploit it. the rep for the company seems to think that they are 100% correct to report all of these auctions. did any company legally produce myers' masks?? if they did and i sell one would i get in trouble? thats where i am confused tooo.

 

[thenammagazine]

thats what i was thinking reading through this thread. it seems there is a gray area in regards to the shatner mask. i would exploit it. the rep for the company seems to think that they are 100% correct to report all of these auctions. did any company legally produce myers' masks?? if they did and i sell one would i get in trouble? thats where i am confused tooo.

Unfortunately, they're lying bastards. What they'd do is, since they own the rights to the movie (not the mask), they'll use that as a means to threaten you with a lawsuit. Then, if that didn't work and money permitting, they'd attempt to sue you and keep it tied up in litigation until you could no longer afford legal fees.

I see the same ^^^^ every day in the airsoft as well as the real steel community. Cybergun tried to sue every retailer who carried a gun called AK-47 because they claimed they owned the rights to it when in fact all they owned was the "Kalashnikov" name, not the assault rifle's model number. Colt tried it with Bushmaster over the use of the term "M16" until it was finally determined that that designation is a military designation and unless the military was suing for improper use of the designation, Colt's case had no merit. But this was after years of litigation and millions of dollars in court fees.

 

[devlinboy]

thanks for the well written reply. thats some interesting stuff...this trademark talk is foreign to me. that makes sense for the big corps. they can sell all of their licensed ^^^^ while you are in court slowly bleeding to death. if i had some of the original shatner masks and decided to get rid of them i would be pissed. its not like i am making them, just trying to sell my collection. those guys are getting shutdown on ebay too. thats just gay

Unfortunately, they're lying bastards. What they'd do is, since they own the rights to the movie (not the mask), they'll use that as a means to threaten you with a lawsuit. Then, if that didn't work and money permitting, they'd attempt to sue you and keep it tied up in litigation until you could no longer afford legal fees.

I see the same ^^^^ every day in the airsoft as well as the real steel community. Cybergun tried to sue every retailer who carried a gun called AK-47 because they claimed they owned the rights to it when in fact all they owned was the "Kalashnikov" name, not the assault rifle's model number. Colt tried it with Bushmaster over the use of the term "M16" until it was finally determined that that designation is a military designation and unless the military was suing for improper use of the designation, Colt's case had no merit. But this was after years of litigation and millions of dollars in court fees.

 

[Darth_Fatso]

thanks for the well written reply. thats some interesting stuff...this trademark talk is foreign to me. that makes sense for the big corps. they can sell all of their licensed ^^^^ while you are in court slowly bleeding to death. if i had some of the original shatner masks and decided to get rid of them i would be pissed. its not like i am making them, just trying to sell my collection. those guys are getting shutdown on ebay too. thats just gay

If you had some original 75 Shatner masks to sell you'd be rich and could afford to fight Trancas and win any possible lawsuit. Seriously the 75 Kirks sell for a minimum of about $12,000 each. If only I had a time machine.