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Discussion Starter · #1 ·
How sad is this:

I had a listing removed by Ebay because some sad
at Phillip Morris has complained that it violates their "intellectual property rights".
The offending listing was entitled RS 200 "Marlboro".


I sent him an email explaining how sad his life must be.
 

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Jeepers FW,

I know that you can have the occasional joke, but are you serious ??.

Perhaps you are doing better than most, and PM's legal team googled you as a potential viable commercial competitor !!??.

Whoops !.

vbr Chris A.
 

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Premium Member
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What a crock, you'd have thought they'd be grateful for the advertising! Its probably some spotty little oik who cant tell the difference between brand infringement and free advertising.

Muppets like the guy from Phillip Morris are why the Worlds economy is in the state its in.

He should get a life and try to find something else for his company to sell, before it disappers up its own rear like so many other Household names
 

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Anthony Bartlett
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3,255 Posts
Yeah I have had listings removed when I have tried to sell - Ninco/Scx - cars with the red bull logo....

Some suit behind a screen scanning and deleting without checking - typically useless
 

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Well this post's title made me double-take. I thought "What have I done now??!!!"

Then I read the actual post and realised it was nothing to do with me, just a well known company with whom I share my name.

All the best,

Philip (Morris) P
 

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Premium Member
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1,342 Posts
Well, I sympathize but there is another side to this...if the owner of a copyright or trademark doesn't actively protect it, then they effectively forfeit it by law. It's annoying no matter how you look at it...but not quite as petty as it may seem, especially when the rights to those images for slot cars are big money. Meanwhile, it's easy to circumvent...anyone for "Marlborough"?

John
 

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Ref protected trademarks and logos etc - the whole law has been turned on it's head following Red Bull vrs Tecnitoys (Red Bull lost!) - see other posts on SF.
 

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Although I agree in principal John, theres a world of difference between a box of fake smokes carrying the M......o Logo, and a replica of a car that was "sponsored" to advertise the real product. To force someone to remove it is moronic to the extreme.

I could understand Ford asking for it to be removed, so as to distance themselves from tobacco advertising, although they were happy to allow it in the '80s, or naybe where the replica looks nothing like the real thing.

The world has gone mad, its largely the idiots like the guy from M.......o and his like that have caused it.

Rant over, I'll get my coat.........
 

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I'm baffled. Why would the estate of John Churchill (1650-1722), victor of the Battle of Blenheim, Battle of Ramillies etc. etc. and direct ancestor of Sir Winston Leonard Spencer-Churchill be so annoyed by that?

Anyway it's only a eBay auction they've nixed. It's not like they are selling people an addictive drug habit that will kill them prematurely of cancer or anything...

Coop
 

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Prof I T
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11,162 Posts
hi
you would think they would be glad of the free advertising as the tobacco gantrys have to be taken down from supermarkets by law this april and from all other shops by i think 2015.???

Gotta be some anorak stuck in a pokey office trying to justify his inflated salary.
 

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I don't think Philip Morris can call your advertising for a second hand slotcar an infringment of their rights. SCX must have had full authorisation from Ford and it's sponsors when issuing that model in order to be able tu use model and brandnames. So every company that benefits again of that already payd-for publicity has no right to forbid you trying to sell the slotcar mentioning what livery its in. If they were right that would mean you cannot mention brand and type of a 1:1 car you try to sell second hand on any site. "I have one car for sale, it's silver grey, has a 4 cyl 1.600 cc engine, runs on pertrol and is 4,46 m. long ..."

Perhaps they are afraid of being sued themselves since there's no mention on the car warning that cigarette smoking kills ???
 

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Premium Member
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Actually, I could do with a job like that, sitting at a computer looking at web sites for company logos. Bet there are plenty off people with Red and White packets of cancer sticks in movies on the web.

I'd love to be paid to trawl through all that, I do it for free at the moment.

Just imagine, when you're wife/partner/girlfriend says "Have you been surfing slotporn all day again?" You'd be able to say "Yes honey, but remember I'm getting paid to do it now"

Thanks for the guys email address, I'll send him my CV.
 

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Just had another idea, what if everyone you know adds the word M.........o to every listing they make.
Clothes, furniture, car parts, electrical goods, every thing.

That would keep the
busy.......
 

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Autoavia
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Sorry to revive such an old thbread but I have only just joined the forum.
The Phillip Morris / Marlboro problem has been a thorn in the side of model car manufacturers for 25+ years now.
The problems appear to arise partly because Phillip Morris are very keen to protect their trademarks and also because they are wary of being sued for advertising in what are regarded as inappropriate places and in their view a slot car would be a childs toy and you can't advertise tobacco products on a childrens toy.
An example of just how serious these things can get is as follows:-
Back in the 80's a diecast company in Portugal called Vitesse produced 1/43 scale models of some of the Porsche 965s that ran at Le Mans. The decals were in the box and had to be applied by the purchaser so they were clearly collectors models and not children's toys as it took a it of time and skill to apply the decals correctly. One of the models was the Skoal Bandit car that ran in 1983.
A researcher for the BBC TV programme "That's Life" bought the model from St Martins Accessories in London and the programme ran a feature about Skoal Bandit chewing tobacco and the health risks that had allegedly been associated with the product. As part of this feature they showed the model and made a big thing out of alleging that this was a children's toy being used to promote the product.
It turned out that Vitesse hadn't got a licence from Skoal to use their logos and Skoal sued THE SHOP where the model was bought. St Martins referred the solicitors to the importer who referred them to the manufacturer in Portugal but in those days the chances of getting a successful prosecution and compensation through the Portugese courts was minimal so the solicitors stuck to their guns at took St Martins to court and the retailer had to pay damages for even though they merely bought the model and sold it on assuming the manufacturer had obtained all the appropriate licenses.
As far as I remember there was always some doubt that SCX ever got licensing to produce models with Marlboro logos and any legal challenge by Phillip Morris through the Spanish courts would probably have been expensive and very long winded so it is likely that the production run for a Marlboro liveried car would have been long sold out before a court ever came to a decision. In the circumstances SCX probably felt pretty much bulletproof when it came to compensation claims but I know others who have produced what are known as Code 3 diecast models (repaints using their own decals and any attempt to repaint models in the colours of major organistaions / companies such as Marlboro, AA, RAC etc will result, at best, in a letter from the owner of the logos saying you must stop infringing their copyright.
 
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