BattleTech/ExoSquad Trial Ends In A Draw
The three year legal battle between FASA Corporation and Playmates
Toys, Inc. over similarities between FASA's BattleTech and Playmates'
ExoSquad has ended in a draw. On January 22, 1996, the United States
District Court issued a long awaited ruling in the case which was tried
before Judge Reuben Castillo in June of last year. In a lengthy opinion
which detailed the development of BattleTech and ExoSquad, the Court
rejected the claims of both parties.
FASA sued Playmates in April of 1993 for copyright and trade dress
infringement and unfair competition after Playmates' introduction of the
ExoSquad prompted a FASA licensee to put the development of a BattleTech
toy line on hold. Less that nine months earlier, Playmates had considered
and rejected a BattleTech license but failed to return BattleTech
materials submitted to it. Although the Court found "that there is a
certain amount of similarity apparent between the BattleTech Mechs and the
ExoSquad toys, especially between the Mad Cat design and the ExoSquad
heavy Attack E-Frame design," that "general impression of similarity" was
not enough to award damages to FASA.
In reaching this decision, the Court also specifically rejected
Playmates attack on FASA. Playmates had argued that FASA's Mech designs
were unprotectable because they were nothing more that general ideas
common to the industry. The Court concluded, however, that "FASA's Mad
Cat and other BattleMechs and OmniMechs and the BattleTech Universe have
incremental originality beyond any pre-existing works." Noting that the
"trade dress of FASA's Mechs and OmniMechs have great notoriety and
recognition among consumers of role-playing, board and
virtual reality computer games," the Court also determined that FASA had
established protectable trade dress rights.
FASA Chairman Morton Weisman, disappointed by the Courts ruling on the
ExoSquad similarities, was nonetheless pleased with its confirmation of
FASA's legal rights in BattleTech. "It is never easy for a small company
like FASA to challenge a large company like Playmates, but FASA remains
committed to protecting the integrity of the BattleTech Universe for its
loyal and devoted fans and licensees. I am proud of FASA's efforts in
this case and look forward to many more years of dynamic development for
BattleTech."
#
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Ciao, Ray Grant
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: Another article that was mailed to me. Shee, spam my mailbox, why don't
: y'all? :P
: : FASA Chairman Morton Weisman, disappointed by the Courts ruling on the
: : ExoSquad similarities, was nonetheless pleased with its confirmation of
: : FASA's legal rights in BattleTech. "It is never easy for a small company
: : like FASA to challenge a large company like Playmates, but FASA remains
: : committed to protecting the integrity of the BattleTech Universe for its
: : loyal and devoted fans and licensees. I am proud of FASA's efforts in
: : this case and look forward to many more years of dynamic development for
: : BattleTech."
: Go on, put out a second season: I *dare* you. *brandishes axe*
It seems like you should blame Playmates a little, Cam. If they had
decided to develop B-tech as a toy line, then the Battletech cartoon
would have been as good as Exo-Squad.
I can't believe it was a draw. Justice must have been blind when she
looked at the model of Playates' "Heavy Attack E-Frame" (basically a
MadCat).
--
David "No Nickname" Crowe On behalf of the moon, I shall sing
to right wrongs and triumph over evil!
-Sailor Moon, I Wanna Be A Star
Go figure, in next month's issue:
Miss April in a OmniMech
*grin*
-Tony Kim
: --
> If anybody happens to have any old, good-condition Robotech toys
> (preferably Veritechs of any type and expecially cyclone armor of any
> type), which they are willing to part with for a REASONABLE price, please
> email me.
>
> Augustus
> mra...@ic.sunysb.edu
The toys you found are the old matchbox Robotech lienwhich playmates
rereleased a while back. The bioriod is supposed to be labeled Bioriod
Invid Fighter(It may be I didn't really pay attention to the labeling) If
you are interested in Robotech anything you should go over to
alt.tv.robotech which is (obviuosly) dedicated to Robotech.
Lee
BTW the as far as I know there was never any version of the Ajacs made and
there were to versions of the cyclone. Matchbox's version was just a
motorycle that didn't transform and there was a Japanese versionabout 8
inches tall that could transform
YOu may or may not know but the robotech designs come from the japanese
macross series. This series was adapted by Harmony Gold and Carl Macek
along with 2 other series' to form Robotech. The toys for robotech were
made by matchbox. Playmate bought the license or somesuch from
matchbox/harmony Gold and now use the matchbox molds to make the
exosquad:robotech stuff. The names for them, Raider X, Excalibur, Spartan
are all the robotech names. FASA used some of the macross and other
designs from japanese series' in battletech WITHOUT license, and they
almost got in hot water over it. That's why they have been changing the
looks gradually over the various tech readouts and such. So playmate are
in a better legal position over those designs than FASA. The original
copyright holders are the japanese animation company, the name of which
escapes me right now. Bandai make plastic kits for macross mecha if your
interested.
Now you know :-)
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microsoft may however transmit or make availible this e-mail if they agree to
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Well, I don't know how familiar you are with the history or
Robotech/BattleTech, but that is not what they are. (Excalibur, BTW is
the name for the "Warhammer".)
This coming from an avid fan of both BT & RT, I should add now - but those
designs originated in a Japanese Television show that was later translated
and released in the U.S. In this case - Playmates did not "steal"
anything from FASA, they were licensing designs owned/held by Harmony Gold
and/or Tatsunoko - not FASA.
Joe Reil
rtsh...@aol.com
Star Captain Damon Breen
113th Battle Cluster (Viper's Venom)
Clan Steel Viper
: YOu may or may not know but the robotech designs come from the japanese
: macross series. This series was adapted by Harmony Gold and Carl Macek
: along with 2 other series' to form Robotech. The toys for robotech were
: made by matchbox. Playmate bought the license or somesuch from
: matchbox/harmony Gold and now use the matchbox molds to make the
: exosquad:robotech stuff. The names for them, Raider X, Excalibur, Spartan
: are all the robotech names. FASA used some of the macross and other
: designs from japanese series' in battletech WITHOUT license, and they
: almost got in hot water over it. That's why they have been changing the
Wrong wrong WRONG!!! FASA licensed some 'mech designs from a model
company, 20th Century Imports way back in '84 or so. That is where the
Dougram, Crusher Joe and Macross 'mech designs came from. They PAID to
use those images BEFORE Robotech existed in the US. They were never sued
or threatened with a suit.
You are repeating Playmates position. Playmates felt that since FASA
ripped off these designs from Japan, they could rip off FASA. They did,
and created Exo-Squad. The big toy in the Exo-Squad line was a
near-perfect rip-off of a Mad Cat. FASA designed the Mad Cat in house.
No one disputes this.
: looks gradually over the various tech readouts and such. So playmate are
: in a better legal position over those designs than FASA. The original
: copyright holders are the japanese animation company, the name of which
: escapes me right now. Bandai make plastic kits for macross mecha if your
: interested.
So Exo-Squad is a rip-off of Battletech. Many of the E-frames are ripped
off from original FASA designs and others are swiped from the Japanese
ones. Look at the Ground Assault E-frame. It looks just like a Macross
Spartan, the one with the missle drums for arms. That came out BEFORE
Playmates had the Robotech license.
FASA sued Playmates over this rip-off over three years ago, right when
Exo-Squad first came out. Later on, Playmates got the Robotech license
to use it as a club against FASA in the manner described in the original
post.
Playmates ripped off Battletech to create Exo-Squad. No doubt about it
in my mind. The idea of who has the Robotech rights was just a smokescreen.
You know....that "general impression" line seems out of place, especially
since today I bought my son two of the mechs the Raider X and another one( I
[snip]
> FASA has never claimed the Macross designs were their own designs; they
> were and remain licensed images. The lawsuit with Playmates, from FASA's
> position, did not invlove the Robotech/Macross images. Playmates licensed ^^^^^^^^
> and produced the Robotech vehicles *after* FASA filed its lawsuit. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
> Tom Dowd
> FASA Interactive
Is this why FASA is asking Ral Partha to stop making the line of Mechs from the
Robotech/Macross series? (Rifleman, Stinger, Wasp, etc..)
Stuart Johnson
****************************************************
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Too bad it's not a fence.
The First LAM pilot.
TIP # 586
swa...@siu.edu
*****************************************************
If FASA wants to liscense the rest of the illo's from Studio Nue it's a
good idea.
Personally I'd suggest that FASA hold reader sunmission contest and use
the ones that they like best. They could award a book credit, and free
copies of some hard to find stuff or maybe two or three new products,
or a mini of it. Whatever. Trust me, fan artists are often quite
talented and quite stupid. They could get some real neat stuff and be
happy with a design of there's added to the FASA continuum.
Em
Michael Cox owner of the Dragon Trove (from where I get lots o my
Btech stuff) said that these minis have indeed been discontinued. Items
are limited to the stock on hand and when these are gone, no more minis. :(
He *is* a dealer so he oughta know something.
This part's rumor: I heard they were gonna re-design and
re-release these minis. Anyone know fer sure?
Brandon
Whatever--I'll just go over here in the corner and hide a while longer.
*sigh*
--
=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+
" My faith in the Constitution is whole, it is complete, it is total. I
am not going to sit here and be an idle spectator to the diminution, the
subversion, the destruction of the Constitution." -- Barbara Jordan, 1974
FUCK THE CDA!!
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Harmony Gold doesn't make anime at all. They do import, dub, and edit
anime, kung-fu movies, and such for western audiences.
They made Robotech, but they didn't animate adamn bit of it. Even The
Sentinels was done by Japanese animators all though to American
specifications. that ones a bit tricky.
Studio Nue made Macross and Tasunoko distributed it. I think the toys
were done bu Takatoku and later on by Bandai(the one remaining japanese
toy company as near as I can tell..).
> Battledroids (and later, Battletech), was supposed to imitate ALL of
those -
>the original rules and mecha had only one recognizable Macross mecha,
the
>Phoenix Hawk. Many of the others were borrowed designs from other
sources, but
>it was more of an homage to a genre than any direct ripoff, both in my
opinion
>and according to the authors.
Well, it's not an homage exactly. They though that they ahd the
liscense to use thos illos, so more than anything it was a busisness
deal.
> A lot of the later designs are pretty derivative of Macross, but
that's
>between Harmony Gold and FASA, and FASA hasn't produced a derivative
work in
>quite a while (I despise all of the 3050+ crap that's been produced,
but at
>least the mech art is unique). Perhaps they've learned a lesson from
this?
>Perhaps you should stop holding old grudges?
Harmony Gold only has the rights to distribute Macross in the form of
Robotech in the US and Canada. Bandai America holds the right to
ditribute models and toys here presently and is above the liscense
bought by Harmony Gold. Really none of the B-tech mechas are close
enough to make a good case, and even the jumbled around Ost mechs are
pretty safe.
Em
Tne original rules, maybe, but the first boxed set I saw has a copy of
the Tomahawk Destroid model box art (it is the *exact* picture, because
I owned that model. That picture even still has the U.N. Spacy
arrowhead symbol on one leg and the Destroid symbol, a torch and a
hammer, on the other). They also copied all of the Valkyries,
including the Super and the Armored (the Phoenix Hawk and the Crusader,
respectively - the other copies are the Stinger and Wasp and one
other). The Rifleman, Marauder, Archer and a few others are also
copied from Macross.
>Perhaps you should stop holding old grudges?
Some people do, but I recognize that the Japanese feed off of each
other creatively more than anyone else does. I'm just here to report
the facts, and those facts are that not a single one of Battletech's
original mecha were original, regardless of when anyone says Robotech,
Macross, Battletech or My Little Pony was originally released.
: Tne original rules, maybe, but the first boxed set I saw has a copy of
: the Tomahawk Destroid model box art (it is the *exact* picture, because
: I owned that model. That picture even still has the U.N. Spacy
: arrowhead symbol on one leg and the Destroid symbol, a torch and a
: hammer, on the other). They also copied all of the Valkyries,
: including the Super and the Armored (the Phoenix Hawk and the Crusader,
: respectively - the other copies are the Stinger and Wasp and one
: other). The Rifleman, Marauder, Archer and a few others are also
: copied from Macross.
What's left to copy?
: >Perhaps you should stop holding old grudges?
: Some people do, but I recognize that the Japanese feed off of each
: other creatively more than anyone else does. I'm just here to report
: the facts, and those facts are that not a single one of Battletech's
: original mecha were original, regardless of when anyone says Robotech,
: Macross, Battletech or My Little Pony was originally released.
OK, I have the original Battledroids game, and the 'mechs stayed the same
from that to Battletech.
Stinger, Wasp, Phoenix Hawk, Crusader, Warhammer, Archer, Rifleman, Marauder
All from Macross (As is the Longbow, but that didn't appear in the rules)
Shadow Hawk, Griffin, Battlemaster
All from Dougram (So are the Wolverine, Scorpion and Goliath)
Locust
From Crusher Joe (so is the Galleon light tank).
So all the original Battletech 'Mechs are from anime series. BUT, they
are all _used under license_. FASA _paid_ to use them, and that is NOT a
rip-off.
Clear?
Actually they referenced Gundam visually(in the context of Jovian
Chronicles unless you mean the B-tech illos from Mecha Press in which
case... umm....) a few times but still stuck with their own style. Yes,
the Dragon Striker is obviously derived from a Qub-Eley. Still if they
ripped off Gundam then so did Heavy-lifter Dragonar and SPT Layzner,
It was a homage, and since a great deal of creative energy was
>expended in doing the designs, it was not a creative rip-off. FASA
>could've done better with their first mecha (or any of the subsequent
>ones, too).
I don't think you can really call it a creative rip-off. It's just
repackaging an illo. People make way to much out of it.
Em
Legally, not a rip-off. Creatively, it is. DP9 didn't get the
licenses to use Gundam images - they simply designed mecha inspired by
them. It was a homage, and since a great deal of creative energy was
Not that this really has anything to do with the Playmates v. FASA suit
(duck and dodge), but the mention of the Sentinels brought this back to
mind...
Anyone else notice how Rick Hunter all of a sudden grew to be at least a
head taller than Lisa Hayes/Hunter? ;)
Winston
>Some people do, but I recognize that the Japanese feed off of each
>other creatively more than anyone else does. I'm just here to report
>the facts, and those facts are that not a single one of Battletech's
>original mecha were original, regardless of when anyone says Robotech,
>Macross, Battletech or My Little Pony was originally released.
I'm stepping into part of this without the history of this particular
discussion since its a cross-post, but FASA has never claimed that the
`mechs that were used in the original BattleTech box set were original.
When anyone has asked its always been stated that those designs were
licensed from Macross, Dougram, and Crusher Joe.
Tom
>I'm stepping into part of this without the history of this particular
>discussion since its a cross-post, but FASA has never claimed that the
>`mechs that were used in the original BattleTech box set were
original.
>When anyone has asked its always been stated that those designs were
>licensed from Macross, Dougram, and Crusher Joe.
>
>Tom
As for the history part, I got into it because people seemed to be
under the assumption that Robotech ripped off the Battletech designs.
LA MIRADA, Calif. (March 7, 1996) -- Playmates Toys Inc. has won a
lawsuit over its ExoSquad(tm) property filed against it by FASA
Corporation and Virtual World Entertainment and is proceeding with its own
lawsuit filed jointly with Harmony Gold against both FASA and Virtual
World.
In a 109-page opinion, the Honorable Ruben Castillo, United States
District Judge for the Northern District of Illinois, ruled in Playmates'
favor on all of the eight claims that had not already been dismissed on
summary judgement.
FASA and Virtual World had charged Playmates with copyright
infringement, tortious interference, unfair competition and trademark
infringement with regard to the property known as "Battletech". The court
concluded, however, that FASA and Virtual World failed to prove any facts
that establish liability on the part of Playmates.
Judge Castillo concluded: "The bottom line in this case is that
Playmates made a conscious business decision that it could proceed with
the development of the ExoSquad toy line ... [T]his decision has been
found by this court not to violate FASA's legal rights."
In their new lawsuit, Playmates and Harmony Gold claim FASA and
Virtual World owe $30 million for unlawfully appropriating designs from
the property known as "Robotech," in which Harmony Gold and Playmates own
exclusive rights in the United States. FASA admits having used the designs
in its Battletech property but denies any liability for that use.
*******
> In their new lawsuit, Playmates and Harmony Gold claim FASA and
> Virtual World owe $30 million for unlawfully appropriating designs from
I try to be impartial on all of these silly law suits, but why is Virtual
World being sued? As Far as I know, that is the spinoff VR company of FASA.
And to my knowledge, they only have clan mechs in their VR game. Therefore
I can't imagine why Virtual World should be involved in any lawsuit.
Of course if they are trying to drag the MadCat design into the case then
I see the Virtual World connection, but that's still not Robotech.
> the property known as "Robotech," in which Harmony Gold and Playmates own
> exclusive rights in the United States. FASA admits having used the designs
> in its Battletech property but denies any liability for that use.
The worst part about these lawsuits is the fact that neither of these
parities were the original designers. (In regards to the anime mech
desgins, not FASA own original mechs.) I mean you don't hear about any
lawsuits from a japanesse anime studio.
mike flynn
The Company Store - http://www.magpage.com/~flynnmj/TCS.html
Brought to you by Team SPAM! where we believe there is Information
in the noise.
: > In their new lawsuit, Playmates and Harmony Gold claim FASA and
: > Virtual World owe $30 million for unlawfully appropriating designs from
: I try to be impartial on all of these silly law suits, but why is Virtual
: World being sued? As Far as I know, that is the spinoff VR company of FASA.
: And to my knowledge, they only have clan mechs in their VR game. Therefore
: I can't imagine why Virtual World should be involved in any lawsuit.
: Of course if they are trying to drag the MadCat design into the case then
: I see the Virtual World connection, but that's still not Robotech.
The Virtual World ownership chain goes up to Disney. They have more
money than FASA. And you always want to sue people with lots of money.
: > In their new lawsuit, Playmates and Harmony Gold claim FASA and
: > Virtual World owe $30 million for unlawfully appropriating designs from
: I try to be impartial on all of these silly law suits, but why is Virtual
: World being sued? As Far as I know, that is the spinoff VR company of FASA.
: And to my knowledge, they only have clan mechs in their VR game. Therefore
: I can't imagine why Virtual World should be involved in any lawsuit.
: Of course if they are trying to drag the MadCat design into the case then
: I see the Virtual World connection, but that's still not Robotech.
Because it can't hurt playmates et al to sue them. It won't cost
anymore, they just have to type an additional name onto the forms.
: > the property known as "Robotech," in which Harmony Gold and Playmates own
<snip>
why do I get this really bad feeling that FASA, having originated many
Traveller suppliments will end up the same as GDW?
--
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^~-,_,-~^~-,_,-~^~-,_,-~\._.-~-----------------------------dreamer@flatline
>why do I get this really bad feeling that FASA, having originated many
> Traveller suppliments will end up the same as GDW?
:) Not bloody likely.
Tom
I'm worried more that they will end up like TSR :)
On a more pleasant note, how long was the error checking process for the new
Periphery sourcebook? I am impressed that the Circinus Federation was able
to raid Marik _and_ Davion border worlds. Imagine that trip...just for a raid,
jumping around the Marian Hegemony, Magistracy of Canopus, and Taurian
Concordat, just to hit Davion worlds. Davion...Steiner...close enough :)
--
| John A. Dutka, Jr. | Micro Credo: Never trust a computer bigger than |
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| http://pcnet.com/~jdutka |__________________________________________________|
: I'm worried more that they will end up like TSR :)
: On a more pleasant note, how long was the error checking process for the new
: Periphery sourcebook? I am impressed that the Circinus Federation was able
:to raid Marik _and_ Davion border worlds. Imagine that trip...just for a raid,
: jumping around the Marian Hegemony, Magistracy of Canopus, and Taurian
: Concordat, just to hit Davion worlds. Davion...Steiner...close enough :)
Well, you could say that since "the marriage" davion and steiner are
interchangable as it is the Stiener-Davion line now.
Ken
: --
>msiem...@aol.com (MSiembieda) writes:
>> This is the other end of the FASA vs Playmate lawsuit, note that in the
>> last paragraph of the Harmony Gold/Playmate press release which follows
>> they are indeed taking action against what appears to be an unlawful
>> appropriation of their designs from the property know as "Robotech".
> <snip>
> why do I get this really bad feeling that FASA, having originated many
> Traveller suppliments will end up the same as GDW?
I cant see this really happening,. while I could see the downfall of
GDW. FASA has realeased 4 computer games and nearly 20 novels. As well
as several editions of Battletech.
Also I play Earthdawn and Shadowrun. Which both have spawned several
novels as well.
Also in the past I have bought stuff for the Dr Who RPG and the Star
Trek RPG.
Well thats my 2 cents on the subject
Jonathan M Thompson
SCA Jonathan MacAilpein
wil...@prysm.net
Resident member of the SCA, SCV, and Starfleet
Babylon 5 the last, best hope for Science Fiction television
Keeper of the Battletech mailing list email me for details.
I have a question about the copyright laws, since I haven't been lurking around
here for that long. What exactly did FASA infringe upon when designing 'Mechs?
Wouldn't any robot game be infringing on the "original" Robotech ideas? Or did
FASA actually adapt specs from Robotech machines and basically transpose
them into IS space? Say if <insert name> makes wonderful game <????>, and it
just happens to be some sort of 'Mech warfare simulation, does he have to pay
royalties to FASA and/or whoever designed Robotech, even if his ideas and
designs are considerably different???
Sorry, just curious.
Mark Nipper
mrn...@icsi.net
FASA used illos of mecha from Crusher Joe, Macross, and
Dougram(Japanese Cartoons) and some aledge that they did so without a
proper liscense.
>Wouldn't any robot game be infringing on the "original" Robotech
ideas? Or did
No. Robotech hardly invented the giant robot concept.
Robotech is a weird edited mess composed of Macross, Southern Cross,
and Mospeada(Japanese carttoons again) and was preceded by Force Five,
Johnny Socko and his Giant Robot, Gigantor(Ironman 28) and many others.
>FASA actually adapt specs from Robotech machines and basically
transpose
>them into IS space? Say if <insert name> makes wonderful game <????>,
and it
>just happens to be some sort of 'Mech warfare simulation, does he have
to pay
>royalties to FASA and/or whoever designed Robotech, even if his ideas
and
>designs are considerably different???
No, and never. Even if the ideas are pretty much the same they don't.
When you start mimicking trademarked images and names is when you get
into legal trouble.
Em
FASA "stole" the images of the Valkyrie and various Destroids from
Robotech, without even bothering to change the RDF logos on them.
That's what they infringed upon.
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"Robotech" didn't invent them. Studio Nue, the creators of "Super
Dimensional Fortress Macross" did. It's the UN Spacy logo BTW.
They(FASA) obtained a liscense, although apparently not from the
correct company. They did steal the "E with no back" from Robotech
however. Font theft! Font theft!
:)
Em
Em
>FASA "stole" the images of the Valkyrie and various Destroids from
>Robotech, without even bothering to change the RDF logos on them.
>That's what they infringed upon.
Sigh. No, those images use the logos from the original Macross series.
Those images are licensed. Robotech was created from the same source. They
are not stolen, they are licensed.
After awhile it sort of become a mantra....
Tom
Maybe you ought to set up a script to post it automatically once a month :)
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