Blatant Hotwheel rip...
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- UKV
I get newsletters from these guys, they make really cool 4x4 trucks. Vintage on the skin, completely modern underneath. So the stature of this rip blew me away because of who did it.
So. Bloody. Obvious.
"Now we have a less charming story related to how companies can be run. Whereas we have tried to build a company that is a true reflection of our passion and accountability, not all are built as such. As a lifetime fan of Hot Wheels, imagine our initial excitement when we received several emails from friends congratulating us on the Hot Wheels deal. “Hot wheels deal, what Hot Wheels deal?” , I said. So we went to their website and saw they were releasing a new FJ40 model. As I studied their details, and even their launch rendering, I quickly realized that they based it on our ICON FJ40 Baja Edition. Other than some ugly colors and logos, it was our design, trademark and trade dress. Actually, their photo was a quick rendering over a PR shot of me jumping one of our Baja’s in the desert. You can even see my balding head still in the truck!
So then I innocently asked a friend who used to work there, “what’s up?” He said they must have made an honest mistake, and advised me to reach out to the current Director of Design for Hot Wheels, Alec Tam. I sent him a few emails and never got a response. So then I called and got a belittling voicemail where he basically told me to take a hike and that there was no validity to my claim. So much for a friendly discussion... So after a few legal letters back and forth, their attorney said that they wished to settle this out of court, and they asked for thirty days to collect data related to how many had been distributed. So on day 31... we reached out to them again. This time they said if you think you have a claim, sue us. You guys are a small company and we are a big one, so go ahead and try! Sad to see such a great brand run in such a manner, isn’t it? We lack the funds to pour into a legal case to defend our mark and I thought this story was worth sharing. Any TM lawyers out there interested in helping us right this wrong? Shame on you Hot Wheels! Consider these facts when you make your next relevant purchase..."
- UKV0
...and points for a brand with the stones to actually name names involved.
- albums0
Quite simply, this is between Toyota & Hot Wheels.
- SrSamaurai0
I would contact the Hair Club For Men legal department and see if they want to cross promote this and put in for the legal fees.
- ETM0
@ albums
It's not an issue with Toyota at all, it's with the company that made all the custom modifications/customizations to the vehicle that Hotwheels just ripped off.
- albums0
UKV, I only say that because the work they do is irrelevant to the Hot Wheels toy. While I whole heartedly agree it sucks for Icon 4x4, HW is only using the likeness of the FJ body & probably already have their own licensing privileged with Toyota for numerous other cars HW has produced.
- bolting on lights and bumpers isn't really the kind of thing you patent protect and trademark.albums
- doesn't give them license to leverage other peoples ideas without compensation.UKV
- i bring up those details as they are represented in the toy.albums
- They do patent it when the modification are their own design.ETM
- CALLES0
quiet easy hotwheel exist because they ripped from real cars to make toy cars
- SrSamaurai0
I would go to forehead modelling school and try to raise enough money to hire some lawyers.
- dibec0
dang. they build some nice looking rigs. +1
- Gucci0
Utter bullshit.
Too bad the average person who buys hotwheels doesn't give a flying fuck about ripoffs like these. They won't see much bad press over this, I'm sure.
- UKV0
Albums, I am thinking this about trade dress. Specifically, when patents are filed relating to design elements, they are "designed patents" (in the US anyway). Other patents are either a utility patent (for mechanical applications) or an R&D patent (to make a runway to get to a utility patent).
- albums0
I feel you, but aside from select custom parts, I'm sure most of their wares are off the shelf pre made by another company. it seems HW has drawn inspiration from a photo and poorly decided to run with the concept photo lifted from said company.
A google search for Yellow FJ40 will yield numerous results that are similar enough to the toy for a judge not to care about anything but the misappropriation of the photo
Keep in mind, all of the custom work they do to make it a better FJ than Toyota originally made is IRRELEVENT to the toy, the paint wasn't lifted.
And as HW isn't encroaching on Icon 4x4 territory by offering the same services they pose no financial threat to Icon either.