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posted on 2002-04-17 02:13 EDT
Harmony Gold does not own trademark, other retailers warned as well.

In our previous article we stated, " Harmony Gold has enforced its trademark" which is a slightely erronous statement. While Harmony Gold does own the exclusive Worldwide (except Japan) license for Macross (until proven otherwise) they do not own a US Trademark for Macross in relation to Toys or related merchandise (model / figurines / etc..) however they have tried to trademark the name in the past and currently have a pending trademark application.

Big West and Tatsunoko have also attempted to Trademark the Macross and Macross Plus names in the United States in the past, however both companies abandoned their applications, possibly as a result of the Japanese Legal processes related to the license.

We've been informed that the letter received by Blasto Toys was also sent to a number of other retailers and importers during the past week. Anime Nation's Gene Field has informed us that they received a letter from Harmony Gold's lawyers that is essentially identical to the one received by Blasto Toys.

Meanwhile, it is belived that while Harmony Gold does have the right to bar sale of the items in question, they do not have the right to demand that the items be turned over to them. We have been informed that these items, if removed from commercial sale, become the private property of the retailers.

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