Just Got A C&D From Marvel

[Type3Toys]

Got nabbed for auctions I had on ebay. This is the real deal. Bye.

Comcast.net - Email currently unavailable

[palitoy]

Arg sorry to hear it, I've been there. If you keep it off ebay, they don't hunt you down, trust me.

[BlackKnight]

It's because you posted Links to your WebSite, in your Auctions ..... that made them think your run a production line of thier TradeMark Characters .... Everyone else's Marvel stuff is still on EvilBay ... Just my thought ..

[Hotfoot]

You would think they would be flattered! Its not like you are mass producing their figures. You are making one off customs.

[samurainoir]

I'm just curious if there are precautions the Mego Museum takes in referencing company owned characters within the Museum Galleries (just in case). Even simple things like adding some disclaimers about the academic purposes of this site or copyright symbols and TM's to the character pages attributing to the owners of the property (or do those already exist?).

I know how much hard work you guys put into it, and I would hate for pieces of the place to have to come down if someone from Marvel, DC, Paramount's etc legal departments stumble across the MM one day.

[Mikey]

I don't think the Museum has much to worry about because the Museum doesn't sell anything .....

The Museum is basically just a ....... Museum .... (with no gift shop or lunchcounter)

[jasonmego1277]

Aw man that sucks , you have great stuff ! I agree that if you take the links down after a little while you should be good to go again.


As for the museum ,I don't think there will be a big issue because nothing is being sold to steal the trademarks. Yes the images are here, but I think if they were going to send a C&D they probably would have done it years ago. Since Paul had a link on his site at the time he was sent a C&D for his repro's Iam almost sure they would have found it and already sent one here too if it was an issue.

[jasonmego1277]

I don't think the Museum has much to worry about because the Museum doesn't sell anything .....

The Museum is basically just a ....... Museum .... (with no gift shop or lunchcounter)

Hey, a new wing for a lunch delivery section....... I like it ! LOL !

[Type3Toys]

Did the link I posted work? I was thinking of ask the guy for a job!

[Mikey]

It doesn't work for me.

It just say's Email Currently Unavailable

[toys2cool]

That sucks bro

[toys2cool]

Naw the link doesnt work

[Megospidey]

John sent me a copy of the email and asked me to post it for him...



By E-Mail: [email protected]
John Farley
Type3Toys
Coming Soon...
(856) 981-6209
Re: Infringing Use of Marvel Intellectual Property by Type3Toys
July 17, 2009
Dear Mr. John Farley,
Marvel Characters, Inc. (“Marvel”) is the owner of the copyrights, trademarks and other
intellectual property rights in the Spider-Man, Ghost Rider, Mysterio, Vision, Morbius,
Moon Knight, Man-Wolf, Electro, Lizard, Deathlok, Falcon, Captain Marvel, Captain
America, Hobgoblin, and Green Goblin characters as well as over 5,000 other popular
characters. Marvel owns and controls the rights to use and merchandise the names,
designs, logos and likenesses affiliated with all of its properties.
It has come to Marvel’s attention that Type3Toys is selling unlicensed merchandise
bearing unauthorized images and likenesses of Marvel’s copyrights and trademarks. The
figurines sold on your website (NT-Productions.com) have images and
likenesses of our Spider-Man, Ghost Rider, Mysterio, Vision, Morbius, Moon Knight,
Man-Wolf, Electro, Lizard, Deathlok, Falcon, Captain Marvel, Captain America,
Hobgoblin, and Green Goblin characters among others. (Please see attached Exhibit A)
Type3Toys’s actions constitute blatant and egregious infringement of Marvel’s valuable
trademarks and copyrights. These actions confuse consumers into believing that they are
purchasing authentic products when they are not. These actions also have a direct impact
on Marvel’s ability to sell and distribute merchandise both in stores and online.
Marvel demands that Type3Toys immediately cease and desist from further unauthorized
creation, production, marketing, advertising, sale, or distribution of figurines with
Marvel’s intellectual property and any other merchandise containing images, likenesses,
artwork or other intellectual property owned by Marvel.
{00070288 AMS}
Marvel further demands that, within five (5) business days, Type3Toys:
1. Cancel all orders selling the unauthorized articles;
2. Confirm in writing that you will cease advertising, distributing, and selling all Marvel
character themed merchandise;
3. Provide copies of invoices or other information identifying the prices and number of
units of goods sold.
4. Remove all images and references to Marvel’s intellectual property from your website.
Marvel reserves the right to take whatever remedies are available to it at law and in
equity, and shall do whatever best protects its interests. Nothing in this letter shall be
construed as a waiver or relinquishment of any rights or remedies available to Marvel.

[The Toyroom]

I'm sure it was not only the ebay auctions and the link to John's site but also the dollar amount associated with these figures. To all appearances, I think Marvel is presuming that with the number of characters available (they mention 15 by name) and the asking price per figure ($300-400 per) that there's quite the cottage industry going on, not just one or two selling for $50-60. That's something they'll definitely take issue with. Just my take on it....

[Mikey]

Seems pretty straight forward ..

Take down the site and keep a low profile till it blows over.