Planet Bakugan

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Public Service Announcement – Custom Bakugan

As a Bakugan-based web/blogmaster, I have had many opportunities to speak with the legal counsel for SpinMaster. This week, we spoke about the new phenomenon of customzing Bakugan. Some people are putting lights on them, others are changing the paint scheme, while others are “fusing” two or more Brawlers together.  This is SpinMaster’s take on the practice:

There are greedy and self serving individuals violating the law by advertising and selling so called “Customized” or “Enhanced” BAKUGAN Toys. They alter the G-Power or Appearance of an authentic BAKUGAN and try and pass it off as a real Bakugan which it is not. These so called “Customized” or “Enhanced” BAKUGAN Toys are really altered or damaged goods which are illegal and not permitted in BAKUGAN Play.  Unsuspecting consumers are being fraudulently misled into purchasing these altered goods only to find that they cannot use them in BAKUGAN Play.

United States Trademark Law prohibits a person from making material alterations to a BAKUGAN BATTLE BRAWLERS Toy and selling that toy in connection with use or reference to the BAKUGAN Name or claiming the altered toy is a BAKUGAN Product.

Case law is on all fours with instances where BAKUGAN are “Customized” or “Enhanced” to alter or change a Bakugan’s G-Power, appearance or attributes. Such altered BAKUGAN are prohibited and not recognized as true Bakugan under the playing rules and are disqualified from play. Because of these alterations, these items are no longer considered true BAKUGAN. The sound reasoning behind this body of law is based on the fact that once a BAKUGAN has been altered, it is not accurate or appropriate to refer to it as a BAKUGAN.

Established law recognizes this as a form of trademark infringement for which there can be severe consequences. Spin Master as the owner of the BAKUGAN Trademark has the right to prohibit the BAKUGAN name from being used to describe something that has been altered and is therefore no longer considered a true BAKUGAN.

Persons engaged in the described prohibited activities should be made aware of this to avoid subjecting themselves liability for claims of fraudulent and infringing activities as we will take whatever actions are appropriate to protect Spin Master’s BAKUGAN Trademark from being mis-used or infringed.”

In other words, if you modify a Bakugan Battle Brawler, you can’t call it a Bakugan Battle Brawler, nor can you sell it as a Bakugan Battle Brawler.

 

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Posted in News by harper on August 13th, 2009 at 6:04 am.

4 comments

4 Replies

  1. rugar Jan 9th 2010

    I’m sorry but no company can dictate what a person can or cannot call something. Its validity in a tournament is one thing but if my kid wants to call his tweeked bakugan a bakugan so be it. this junk only matters to adults the “kids” this game was designed for are not interested in any of that they just wanna platy the game and have fun. In my opinion anyone taking the game serious should not be playing it in the first place secondly its a childs game so the the 17 year olds and up should really grow up and find a mature hobby. I’m a cop and its been my experience that when someone that old is playing a game like this theres a very high risk of them being a sexual predator so my rule of thumb labels them all pedophiles off the front just throwing in my 2 cents

  2. Actually, they can. Just like Gucci and Prada have a problem with counterfeit handbags, Spin Master has a problem with counterfeit and altered Bakugan.

    They are trying to protect their name and reputation.

    I’m just telling you what I was told, direct from their legal counsel.

  3. Jester Feb 16th 2010

    ok no offence to you guys that commented, but its their **** they got the copyrights and all that good stuff, so they can do whatever they feel nessesary with their products, i mean, yea some people do need to get new hobbies, and may be ****, but **** im 16 and ive collected these things since day one and its fun cuz of all the different ways they open and all the different names and colors of the things, also now since they open and can combine with other ones its friggin sweet, so spin master can do as they please and say what they wish about the items they have the rights to, its stupid to \tweek\ or rig up the bakugan, play them as they are or you’ll never be able to get the full jist of what the games about, its not about oo mines got 50 gillion gs thats stupid and easy to beat, plus….(wow carple tunnel here i come haha)…..its just plain stupid to mess with them to be honest, but oh well the people who want to tamper with whats already good to go your all idiots, peace

  4. bakugenius May 20th 2010

    Honestly, I think this is great. All they’re saying is that once the bakugan is altered, SM doesn’t want you to call it a bakugan. If you want to change the g power to a million and sell it, it’s fine, just don’t call it a bakugan. And obviously it won’t be tournament legal, but no one cares, they just think it’s cool to have a bakugan, I mean “custom toy” that has 1,000,000G!


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