Author Topic: Selling customized sets forbidden?  (Read 9146 times)

Offline wonka

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Selling customized sets forbidden?
« on: September 14, 2011, 06:45:58 »
It appears Playmobil is on a crusade towards people selling customized items, reading this article and recent other cases:

Article:
Playmobil-obsessed defendant turns up with court model

by di-ve.com - editorial@di-ve.com
Court -- 13 September 2011 -- 16:45CEST
A woman accused of violating intellectual property laws by customising and reselling Playmobil toys described herself as a Playmobil fanatic in court, turning up with a model of the courtroom to back her case.
35-year-old Vicky Vassallo is accused of commercial fraud and copyright infringement over the sale of customised Playmobil sets through eBay. She denies the charges, insisting that she was simply selling second-hand goods.

She was first arraigned in 2009 after the toys’ manufacturers, Brandstätter, complained about her sales.

Ms Vassallo described herself as a fanatic who has been collecting the plastic toys since childhood, and who even attended toy fairs in Europe where she would exchange toys and compete in the creation of the best diorama.

At this point she presented, as evidence, a model of the courtroom, with Magistrate Tonio Micallef Trigona and other court officers chuckling as this took place. She explained that the model was assembled through different sets – the chairs formed part of a dining room in a dolls’ house.

Ms Vassallo noted that the practice of customising was encouraged by Playmobil, which had even issued books. She said that she followed all the company’s guidelines when she customised sets, such as the avoidance of scenes of violence. In a previous court case, 2 people had produced macabre custom sets which were sold in a Buġibba shop.

Supt Carmel Magri asked Ms Vassallo whether she was authorised to produce such sets and sell them on, and she replied that no authorisation was necessary to customise sets. She added that she was simply selling second-hand goods.

Taking up her point, defence counsel Joe Giglio asked Supt Magri about the cars he owned. The police officer replied that he has owned a Peugeot for 9 years, and had previously owned a Skoda.

Dr Giglio then asked whether Supt Magri had received any authorisation to sell on the car. The superintendent answered that he had not, but added that no official complaint was filed.

The case continues.
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Offline stadswache

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Re: Selling customized sets forbidden?
« Reply #1 on: September 14, 2011, 07:19:32 »
where is this??

the comparisons to a car is quit funny.

so if I understand correctly i can't change a klicky.

And the same goes for a car.


so if the car manufacturer doesn't like my new wheels they can take me to court?? ;D ;D ;D ;D ;D ;D
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Offline wonka

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Re: Selling customized sets forbidden?
« Reply #2 on: September 14, 2011, 08:47:25 »
Though not clear in the article, after more googling, it appears to be the Malta lawsuit.

http://www.timesofmalta.com/articles/view/20110914/local/Fantasy-meets-reality-in-court-of-law.384614
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Offline playmofire

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Re: Selling customized sets forbidden?
« Reply #3 on: September 14, 2011, 08:48:07 »
The names of the people say "Malta", but I wonder if it is about customising or about passing off an item as a genuine Playmobil production or even dealing in misappropriated Playmobil.  
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Offline playmofire

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Re: Selling customized sets forbidden?
« Reply #4 on: September 14, 2011, 08:51:27 »
reading the report in  the Times of Malta, I imagine that the reason Playmobil has taken action is because of the nature of the customs - Playmobil want nothing to do with extreme violence.
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Offline tonguello

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Re: Selling customized sets forbidden?
« Reply #5 on: September 14, 2011, 11:57:33 »
this is the same case we've been discussing yesterday in the other thread  ;)
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Offline tahra

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Re: Selling customized sets forbidden?
« Reply #6 on: September 14, 2011, 12:10:56 »
reading the report in  the Times of Malta, I imagine that the reason Playmobil has taken action is because of the nature of the customs - Playmobil want nothing to do with extreme violence.

I have serious doubts they can prevent you from doing the customs you want... regardless of their nature. In my case, I don't really go for klicky violence, so, at least in that aspect, no problems...

Offline stadswache

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Re: Selling customized sets forbidden?
« Reply #7 on: September 14, 2011, 12:20:26 »
malta is that a part of greece???


then i think its Giorginetto.

he is also trying to robb world largest playmobil display  ;D ;D ;D ;D


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Offline Wolf Knight

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Re: Selling customized sets forbidden?
« Reply #8 on: September 14, 2011, 12:23:53 »

Offline stadswache

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Re: Selling customized sets forbidden?
« Reply #9 on: September 14, 2011, 12:27:29 »
sorry

but from my point of view is closer to you guys then to me  ;D

still.......................

 ;D ;D ;D
Its not about your choices, its about the chances you take, that makes the future.