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Phillp Morris Banning Sales of Takara Tomy MP-23 Exhaust in USA over Trademark?

We have just received an update from our sponsor BigBadToyStore letting us know that a law firm on behalf of Marlboro & Phillip Morris USA is telling retailers not to sell the Takara Tomy MP-23 Exhaust in the USA. Phillip Morris claims there is a trademark infringement of their logo and such violates laws pertaining to minors and the advertising of tobacco products. As a result, BBTS have taken down all order pages for the Takara Tomy MP-23 Exhaust until further notice. Read on for the full details from BigBadToyStore.

Hi – We wanted to update you about a new development in regards to your preorder of the Transformers Masterpiece MP-23 Exhaust figure from Takara. We were just contacted by a law firm on behalf of Marlboro & Phillip Morris USA. They informed us that the MP-23 Exhaust figure infringes on their trademark and trade dress for products marketed and sold in the USA.

The mark is generally shaped like this:


This mark is found on the hood/roof of the MP-23 car in red, and also in smaller green shapes on the left and right fenders.

They are concerned because these marks cannot be used on products that could be intended for children as dictated by the Tobacco Master Settlement Agreement ( https://en.wikipedia.org/wiki/Tobacco_Master_Settlement_Agreement).

We must comply with the requests they have made in order to avoid legal action with Phillip Morris. We have removed the MP-23 listing from our website. Your preorders have been transferred to a generic unpublished listing in case the product is changed or modified before release. If the product is not changed, we will be forced to cancel all preorders and we will not be able to sell this product.

We apologize for the trouble on this item.

Thanks!

Joel Boblit
President
www.bigbadtoystore.com

Data Center

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