Here is Metalfancer, a new Bakugan battle Brawler Trap!

This one is Darkus, and it can change your brawler to either Ventus or Subterra!

Nice, huh?

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.