The Real Reason Some G1 Names Can't Be Used.

[Insane Galvatron]

After some long discussions with a guy who worked in a copyright office and knows the copyright laws like the back of his hand, I'm gonna shared what I learned.

 

Everytime it comes up that the Hot Rod reissues was named Rodimus Major, it kills me to see the obligatory "The copyright ran out and somebody else got the name" remark. This is wrong. What happened is that the laws changed over the years. In 86, there was nothing wrong with naming a sports car 'Hot Rod'. But now they can't because it's a generic term.

 

Simply put, you can't put a name on an item that is a general term for what it is or what it does. A hot rod can't be named Hot Rod just like a crane can't be named Crane, Hook, or Grapple. It would be like Ford putting out a new car and trying to call it the 'Car'. The reason behind it is that it would be unfair to the rest of the car makers. Someone saying, lets go get in the car, refering to a GM product would look bad as that is the name of a Ford product. So to avoid this the laws were changed since the 80's.

 

This is also why Hasbro had to put "Autobot" in front of the reissue names. It was either put "Autobot" in front of them, or change the names. They made that decision after all the whining of the fans over the whole Rodimus Major fiasco. If they could go back, most likely they'd name him "Autobot HotRod".

 

Again, it has nothing to do with a trademark running out and someone else taking it. Those sorts of things can happen, but in the case of Hot Rod, Grapple, Hoist, Skids, etc, etc, etc,... it is not what happenend.

[Mike]

wow, thanks for sharing, that is interesting

[Starscream49]

That makes no sense. Im not saying it isnt true, Im saying its stupid. So I cant copyright Hot Rod, I shold still be able to use it just like anyone else who wanted too.

[DPrime]

That is very interesting. Well, hopefully they just do the whole Autobot: (insert name here), because it does look a lot better than just giving him a new name.

 

I wonder what happened with Bluestreak, though...

[Bluestreak]

That is very interesting. Well, hopefully they just do the whole Autobot: (insert name here), because it does look a lot better than just giving him a new name.

 

I wonder what happened with Bluestreak, though...

it conflicted with that stupid martin lawrence movie..

 

not that I'm biased or anything @hmmm@

[SureShot]

how do you explain the use of "soundwave" in the universe line... that's as generic as you can get without calling it "toy"... i for one don't know what to think. It may be a combination of both sides, the general term and copyright use.

[Insane Galvatron]

That makes no sense. Im not saying it isnt true, Im saying its stupid. So I cant copyright Hot Rod, I shold still be able to use it just like anyone else who wanted too.

Yeah, but then you could have tons of KO's bearing the same name. For a company, it's better to use a name that can be copywrited...

 

That is very interesting. Well, hopefully they just do the whole Autobot: (insert name here), because it does look a lot better than just giving him a new name.

 

I wonder what happened with Bluestreak, though...

I think Hasbro said they changed it just because he was silver colored and not blue... nothing to do with copywrite.

 

how do you explain the use of "soundwave" in the universe line... that's as generic as you can get without calling it "toy"... i for one don't know what to think. It may be a combination of both sides, the general term and copyright use.

No, Soundwave is not a generic term for a missle truck...

 

Now if they caught the ripples in the air emminating from a speaker and boxed that and called it Soundwave, then there's be an issue...

[Three Storms]

Two words that poke holes in that theory: grandfather clause. IF Hasbro had kept the name Hot Rod, they could have grandfathered it in with no problem.

[Wingus]

That is very interesting. Well, hopefully they just do the whole Autobot: (insert name here), because it does look a lot better than just giving him a new name.

 

I wonder what happened with Bluestreak, though...

it conflicted with that stupid martin lawrence movie..

 

not that I'm biased or anything @hmmm@

I saw that movie once in Wal-Mart...had to restrain myself from brutally injuring it, hehe.

[Lady Jaye]

Make sense for some of the names. For example Coke is constantly trying to keep the name Coke from becoming common enough to lose the license rights, like they did for Cola!!!!

 

I forget what other items have become so well known and common that compamnies lose the right to exclusivity.

 

I think Corn Flakes is one!!!!!

[GaZ]

So is Ravage the generic term for all black robotic pumas? @smilepunch@

 

 

 

(only joking. I realise this is probably a genuine case of the copyright expiring)

[Wingus]

So is Ravage the generic term for all black robotic pumas? @smilepunch@

 

 

 

(only joking. I realise this is probably a genuine case of the copyright expiring)

I think that name went to a Beanie Baby...what a disgrace.

[GaZ]

Make sense for some of the names. For example Coke is constantly trying to keep the name Coke from becoming common enough to lose the license rights, like they did for Cola!!!!

 

I forget what other items have become so well known and common that compamnies lose the right to exclusivity.

 

I think Corn Flakes is one!!!!!

Kelloggs copyrighted Corn Flakes? @lol@ I seriously thought that WAS just a generic term!

 

Some common ones - Tannoy (public address system), Hoover (vacuum cleaner), Bic (razor), Sellotape (erm, not sure what the generic term is. Sticky tape? Adhesive tape?). There are more, but Im bored

[Insane Galvatron]

Two words that poke holes in that theory: grandfather clause. IF Hasbro had kept the name Hot Rod, they could have grandfathered it in with no problem.

Well, I'm not the expert on the issue. I'm just passing on my understanding from the conversation I had. He mentioned nothing about a grandfather clause. I am familiar with the term, but not sure if it applies to copywrite law. Last time I heard it used was on discussions of when the DOT made people start testing to get CDL's. The people that already had them were grandfathered in and didn't have to take it.

 

I'll make an educated guess.. With Hot Rod, they probably didn't think they would ever reissue him or make a new character with that name. Remember, at one point they were going with beasts.. So they let it lapse. By the time they needed the name again ( reissues and Armada ) the new laws were in place and were unable to get the name.

[DPrime]

I forget what other items have become so well known and common that compamnies lose the right to exclusivity.

 

I think Kleenex is becoming pretty common, but they're probably fighting it.

 

The Corn Flakes thing is stupid. That's about as generic as you can get.

 

It's funny how idiotic the whole system has become as far as copyrights go... I mean, who in the world would confuse a crappy Martin Lawrence movie with a (let's face it) not really that well-known Transformer?

[Lady Jaye]

Kelloggs copyrighted Corn Flakes? @lol@ I seriously thought that WAS just a generic term!

 

Some common ones - Tannoy (public address system), Hoover (vacuum cleaner), Bic (razor), Sellotape (erm, not sure what the generic term is. Sticky tape? Adhesive tape?). There are more, but Im bored

Well I think at once they had the term copyrighted, but lost it becuase it was just to well associated with those lil flakes of corn!!! So they lost the rights!!!! But that was a long time ago!!!!

 

I think another name brand that was lost was Scotch Tape!!!!

 

I know Coca Cola is fighting hard to keep Coke their name brand!!!!!!! I mean how many times to you go into a restaurant you order a coke, whether or not they ever sell Coca Cola, they know what you mean!!!!

[GaZ]

Kelloggs copyrighted Corn Flakes? @lol@ I seriously thought that WAS just a generic term!

 

Some common ones - Tannoy (public address system), Hoover (vacuum cleaner), Bic (razor), Sellotape (erm, not sure what the generic term is. Sticky tape? Adhesive tape?). There are more, but Im bored

Well I think at once they had the term copyrighted, but lost it becuase it was just to well associated with those lil flakes of corn!!! So they lost the rights!!!! But that was a long time ago!!!!

 

I think another name brand that was lost was Scotch Tape!!!!

 

I know Coca Cola is fighting hard to keep Coke their name brand!!!!!!! I mean how many times to you go into a restaurant you order a coke, whether or not they ever sell Coca Cola, they know what you mean!!!!

Scotch Tape? Who in gods name would say Scotch tape when they mean Sellotape?

[DPrime]

Scotch Tape? Who in gods name would say Scotch tape when they mean Sellotape?

 

Er... everyone in North America. @smilepunch@

 

True about the Coke thing, though. Never really thought about it, but I imagine they'll lose the license.

 

It's too bad that a toy's character's name even has to be a copyright. I mean, as long as they copyright the name 'Transformer' it really shouldn't matter. I mean, if they're characters, then who cares?

[GaZ]

Scotch Tape? Who in gods name would say Scotch tape when they mean Sellotape?

 

Er... everyone in North America. @smilepunch@

 

True about the Coke thing, though. Never really thought about it, but I imagine they'll lose the license.

 

It's too bad that a toy's character's name even has to be a copyright. I mean, as long as they copyright the name 'Transformer' it really shouldn't matter. I mean, if they're characters, then who cares?

Weirdos @smilepunch@

 

But then again, you say loads of weird stuff so I'd expect that. So is Scotch a more prominent brand than Sellotape over there?

 

Over here, people only bother with Scotch if they want that frosty stuff that you can write over

[computron]

this clears up some confusion i had on hasbro

[Destro]

But then again, you say loads of weird  stuff so I'd expect that. So is Scotch a more prominent brand than Sellotape over there?

I'd never heard of sellotape until this thread.

 

And insane galvy, you're arguments would hold more weight w/ me if you could actually spell "copyright." [/english major mode] Sorry, I'm in school to be an english teacher, so things like that bug me..I know, I'm weird... @jump#

[Rattrrap Primal]

Hasbro can now use Ravage, so long as it has "Battle" or "command". I am so glad they still have copyrights for Optimus, Megatron, Galvatron, Starscream, Soundwave, Ultra Magnus, Prowl, Wheeljack, Sideswipe, Inferno, Trust, Mirage, Ironhide, Jetfire, Silverbolt, etc.

 

I hope they try to keep some of the Beast Wars names, just in case they want to reissue thme some day (hint, hint)

[FUGAYZIE]

Well, hopefully they just do the whole Autobot: (insert name here), because it does look a lot better than just giving him a new name.

Dude I totally agree. At least they would keep their name, you can ignore the Autobot or Decepticon title because thats all it is....a title.

Jazz is Jazz not Meister Hot Rod is Hot Rod not Rodimus Major. Sorry it just annoys me. @grumpy@

[Dark_Lord_Prime]

Too bad it doesn't hold water.. *cough*Windows*cough*

 

And then there's the small fact that they're trademarks, not copyrights, which is a different thing.

 

No, you probably can't copyright generic terms. You can, however, trademark them, as in the case of Microsoft continually renewing the trademark on "Windows".

 

This is also why we routinely see posts concerning Hasbro's latest trademarks for new Transformers.

 

Perhaps you should talk to someone who worked with trademarks, rather than copyrights?

 

Coke will never lose their trademarks on either "Coke" or "Coca-Cola", as those are brand-names. As long as they keep paying the renewal fees, it's theres.

 

Microsoft will never lose "Windows" as long as they keep paying the trademark office to keep it registered, despite the fact that it is one of the most generic words available.

[Insane Galvatron]

And insane galvy, you're arguments would hold more weight w/ me if you could actually spell "copyright."  [/english major mode]   Sorry, I'm in school to be an english teacher, so things like that bug me..I know, I'm weird... @jump#

S'cuse me, @smilepunch@ I haven't been to school in a while and I don't like the time consumption of spell check. ( You don't think these posts rack up by themselves do you? ).