I started writing an article last year titled, "Customs versus Counterfeits." It was about this time of year that I saw too many people making what they wanted to call "Customs," appearing on Ebay in large numbers. Honestly, there's only one name to call them...COUNTERFEITS!
I haven't finished that article because for a year I've been doing research and talking to Disney Legal, Mattel and trying to get in touch with a number of lawyers. So, the article is still in the works and may be finished soon.
The reason I am discussing this is because of the big bust made a few days ago of 125 thousand bogus toys from China! Toys created to look like Barbie and Winnie the Pooh. Toys that infringe on Mattel and Disney's legal rights.
Richard de Anda, vice president of global security and investigations for Mattel, said the company conducts raids about twice a week in Chinese factories where counterfeit products are manufactured.
Take a look at the official Mattel manufactured Haulers and compare them to this ripoff "The King" counterfeit. Tough to tell which is authentic and which is bogus. These need to be stopped dead in their tracks and the people making them prosecuted for copyright infringement.
There have also been stolen Cars items from manufacturing plants in China showing up on Ebay as well. I've said before that people should avoid buying contraband. People have over paid for these stolen goods and just encourage the illegal behavior by creating a market for the stolen items. Think about this as well...the illegal Chinese counterfeits may also be made with lead based paints. Do you want to give your child toys that could harm them?
http://www.CarsDieCastToys.Blogspot.com
Sunday, December 14, 2008
Disney Pixar Cars - Mattel Counterfeits Seized In Raid
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13 comments:
I see we will continue to disagree on the customs aspect of the hobby. I agree that the counterfeiters need to be taken down. However, if a buyer knows what they are buying is a custom, what is the big deal? Mattel has already made their money on the product. Hot Wheels collectors have been doing this for years and even have the Customs Contest at the HW Convention. I still do not understand your huge vendetta against customs.
As you have been told on many occasions by many different people you still fail to comprehend the deffinition of the word counterfeit. So I will help you out.
coun-ter-feit /ˈkaʊntərˌfɪt/ Show Spelled Pronunciation [koun-ter-fit] Show IPA Pronunciation
–adjective 1. made in imitation so as to be passed off fraudulently or deceptively as genuine; not genuine; forged: counterfeit dollar bills.
2. pretended; unreal: counterfeit grief.
–noun 3. an imitation intended to be passed off fraudulently or deceptively as genuine; forgery.
4. Archaic. a copy.
5. Archaic. a close likeness; portrait.
6. Obsolete. impostor; pretender.
–verb (used with object) 7. to make a counterfeit of; imitate fraudulently; forge.
8. to resemble.
9. to simulate.
–verb (used without object)
10. to make counterfeits, as of money.
11. to feign; dissemble.
The King Hauler you cited cannot be considered a counterfeit as Mattel has never made them. Disney and Mattel have said on numerous occasions that they watch the custom market very closely. Do you think that the above mentioned haulers would have come to fruition without the custom market being so strong? No, because they never would have realized the demand for them. My son has three custom haulers that I have made for him, RPM 64, King, and Nitroade. Feel free to tell your lawyer about them. I'm easy enough to find, just be careful.
Surely there is a difference between a counterfeit and a custom. A counterfeit is deliberately marketed as a genuine product, a custom is marketed as an individual's own work.
I make, for my own amusement and not for sale, custom Cars. I buy genuine Mattel Cars and alter them to make a varient that Mattel do not currently make. I do this because I am also a modeller and I can combine the two hobbies. Mattel have made their money from me. I'm not ripping anyone off. I occasionaly trade these customs for more genuine Mattel product that someone else has bought.
If someone wishes to sell a custom they have made and they clearly advertise it as a CUSTOM they are not ripping anyone off. If they were to advertise it as a genuine product then that would be counterfeiting.
First off, I'd like to say I appreciate the civil and respectful approach of all of your comments. People are more than welcome to post opinions and challenge things I write if done respectfully. Second, I'll suggest you all take a look at the Wikipedia entry pertaining to "Counterfeit" and many of my assertions are defined in it. http://en.wikipedia.org/wiki/Counterfeit
Finally, if you don't like my use of "Counterfeit," let's say Copyright Infringement instead. Briefly, the way I view a "Custom" is that you take a die cast like a hot wheels car and repaint it in a benign manner. You add pin stripes, decos that are numbers or add a spoiler. You don't however take a Cars die cast strip it and repaint it to look like the Apple Car. That is copyright infringement. Especially, when you sell trucks like the one I cite over and over with copyrighted images and likenesses. Same with creating fake Franks and selling them over and over. Just because you say it is "Custom" doesn't absolve you from copyright infringement. This is what I'll say about it for now.
So then I assume you have the permission of the photographer who made the King hauler to use his image? That would also be copyright infringment. Sorry to say I do not put much stock into something from wikipedia. The ability to be altered at will by users kind of takes away it's credibility. Let's stick to using reliable sources such as Webster's.
There is a very simple thing to conclude about my addressing this issue. You are threatened by what I write, and are afraid you'll be prosecuted. Otherwise you wouldn't relentlessly attack me. I know what you people say about me and there's no need for it. If I am wrong as you assert, you have absolutely nothing to fear do you?
And, to all of you, I'll gladly publish your comments based on respectful discussion. It has nothing to do with whether you agree with me or not. I won't however, publish comments that are nothing but flaming and belligerent. So, don't expect to see those types of comments published.
I have yet to see anyone "attack" you. I just think you're fighting a battle where there is nothing wrong occuring. The guys that sellt he ones out the back of the factory or someone who makes something and tries to pass it off as the real deal, is wrong. Someone who buys a product from the store and does with it as they please once it is their property is not. I have nothing to be scared of since I have done nothing wrong.
You still didn't answer whether or not you have the photographers permission to use his image or not since you are very concerned about copyright infringement.
Next time you're on ebay, look up McFarlane Sportspicks Custom. You will see numerous "repainted" action figures for sale. No only does McFarlane Toys use this as a source for upcoming releases, it also allows their display and sale on their own website. I really doubt Mattel has a problem with this.
you are a popular subject at toysthecars, they have a thread for you
I'm highly aware. It is nice to be loved! ;-)
I can see your point of view when calling it "copyright infringement" rather than counterfeiting, but, if an item sold is a custom of an a product that the manufacturer DOES NOT make and it is clearly advertised as such then I cannot see a problem.
I have no vested interest here. I make customs for my own amusement and occasionally on request which I swap for Cars unavailable in my country. I never buy customs from others as my interest in customs is in the making of them.
I will agree that something like the Apple car may be a little trickier as it involves the use of another brand but even then unless the customiser is producing them in quantity I doubt Mattel or Apple would be that bothered.
I think some of the cars that people out there are doing are even better and more original than what Mattel is putting out. I think the reason some of them are selling for so much is because Mattel has us so desperate chasing for stuff that when something new comes around, we all jump on it.
That being said, I think if you make if for your own collection it is one thing. If you are making them for profit, it is copyright infringement. When I was a kid my brother and I used to make custom hotwheels and matchboxes. These were custom because they were custom painted, but an impala was still an impala! No copyright broken. Using logos that they do not have permission to use, is breaking copyright and therefore are just as counterfeit as the ones being created without license in China.
Finally, someone gets it! That is the point I've been making all along Mayhem.
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