I Had Either a Stupid or Engenius Idea.

[Al-1701]

After seeing the arguments about the plush maker getting a C&D from Hasbro, I had a crazy idea.

As you know, Hasbro no longer has rights to most G1 ponies, the exceptions being ponies who have G3 counterparts (like Applejack and Moondancer.)

G1 ponies fell prey to what is known as trademark dilution.  This is when others use your trademark for commercial purposes without your permission and you don't defend your exclusivity to it.  In this case, when Disney bought out Marvel Productions and started using ponies for their own purposes, Hasbro not saying anything cost them the claim of trademark (this is my guess.)  There are also other MLP licenses floating around.

Anyway, since these trademarks no longer exist, I thought of this.  What if fans banded together to form an entity to claim the old ponies as their trademarks, perhaps adding a title to the pony name like "Gusty the unicorn pony" as an example, then they sell the trademark to Hasbro for a low price?  Believe it or, this would be be legal.

[saply]

I would give that trademark to Hasbro for free if it meant seeing a real G4 Gusty

[LadyMoondancer]

Honestly, I don't believe they lost the rights to the ponies at all.  It makes zero sense that they would lose everyone except Spike (right down to his exact G1 design) and Applejack.

Also, they are licensing shirts with G1 Sundance, Firefly, Gusty, and other on them even as we speak, they released the Collector ponies and Rainbow ponies retro sets not long ago, and the Dolly Mix ponies also had a wide range of G1s.

[Blitzn]

engenius
LOL!

[gabumon]

I am curious to know if there is a way to search the US trademark database and see exactly "who owns what".  I wonder about some of Hasbros Transformer characters too (e.g. "Autobot" Ratchet). does anyone know of that is possible?

[Dibbles]

Honestly, I don't believe they lost the rights to the ponies at all.  It makes zero sense that they would lose everyone except Spike (right down to his exact G1 design) and Applejack.

Also, they are licensing shirts with G1 Sundance, Firefly, Gusty, and other on them even as we speak, they released the Collector ponies and Rainbow ponies retro sets not long ago, and the Dolly Mix ponies also had a wide range of G1s.

I agree. They probably just didn't want to use most of the G1 characters in FiM but are willing to use them to make money off the 80's-90's era fans.

[little.fox]

As you know, Hasbro no longer has rights to most G1 ponies, the exceptions being ponies who have G3 counterparts (like Applejack and Moondancer.)

G1 ponies fell prey to what is known as trademark dilution.  This is when others use your trademark for commercial purposes without your permission and you don't defend your exclusivity to it.  In this case, when Disney bought out Marvel Productions and started using ponies for their own purposes, Hasbro not saying anything cost them the claim of trademark (this is my guess.)  There are also other MLP licenses floating around.

Do we know this for a fact though? If it was the case, I'd be so aboard your idea, but I think it's more likely that hasbro just don't want to use the G1 designs.

[hathorcat]

Honestly, I don't believe they lost the rights to the ponies at all.  It makes zero sense that they would lose everyone except Spike (right down to his exact G1 design) and Applejack.

Also, they are licensing shirts with G1 Sundance, Firefly, Gusty, and other on them even as we speak, they released the Collector ponies and Rainbow ponies retro sets not long ago, and the Dolly Mix ponies also had a wide range of G1s.

Yes I ll agree with LadyM on this one...the shirts we are seeing available at the moment are from actual Hasbro vectors [we saw these at one of the past MLP Fairs - the style had been created by HB staff] and the shirts are licenced [much as welovefine has licenses for FiM] therefore I am going to continue to be "doubtful" that there wouldnt be some major issues with such a theory!

No harm in putting it out there though...

[ShannonInPonyland]

Honestly, I don't believe they lost the rights to the ponies at all.  It makes zero sense that they would lose everyone except Spike (right down to his exact G1 design) and Applejack.

Also, they are licensing shirts with G1 Sundance, Firefly, Gusty, and other on them even as we speak, they released the Collector ponies and Rainbow ponies retro sets not long ago, and the Dolly Mix ponies also had a wide range of G1s.

I agree with this.
I find it strange that they claim to have no rights over the G1 ponies even though they're still marketing them by putting them on shirts. I just bought a Firefly one from Walmart a couple months ago 
It does make me wonder why they don't start re-releasing G1 ponies as G4 but I guess we'll never know probably...

[Al-1701]

If they have the trademarks, then there wouldn't be a point.  However, I can't imagine why they wouldn't want use them.  They have them, they have to defend them.  Little girls would buy them because they're ponies and older fans would love them.  It just doesn't make sense.

[hathorcat]

If they have the trademarks, then there wouldn't be a point.  However, I can't imagine why they wouldn't want use them.  They have them, they have to defend them.  Little girls would buy them because they're ponies and older fans would love them.  It just doesn't make sense.

Yes, but they have "more" invested and more need to defend probably the G3 line - characters like Rainbow Dash, Cheerilee, Sweetie Belle and even into the Blind Bags of Coconut Creme et all are characters that their core "little girl" market may still remember...I think the line has shown we are more likely to see G3 versions of ponies than G1...AJ being the glaring contradiction to this though.

[Moonracer]

When it comes to releasing stuff with certain ponies - that is not a problem. After all, the design of these ponies has been trademarked by Hasbro - they own the rights to produce the said ponies and merchandise.

The problem lies within naming these ponies - like it's been said many times, Hasbro has lost the right to name certain ponies. Many of them are either claimed by someone else, or are far too common and generic to be trademarked. Hasbro might eventually re-release them with certain "attachments" to their names, but it's all up to them

I am curious to know if there is a way to search the US trademark database and see exactly "who owns what".  I wonder about some of Hasbros Transformer characters too (e.g. "Autobot" Ratchet). does anyone know of that is possible?

I think it's quite a challenge but you can give it a try. As for Transformers I think I might answer your question: the name Ratchet, has been taken by several characters outside of the Transformers franchise. First we have Ratchet from "Ratchet and Clank" and Ratchet the robot character from a movie "Robots".

And then "Ratchet" is a name of a certain mechanical device that's used in several machines including clocks, roller coasters and hoists.

Hasbro still has the right to produce the character, as long as it (I'm talking about the character here) has the prefix "Autobot" attached to it's name, to avoid any lawsuits.

However, unlike with ponies, the problem with re-releasing certain Transformers characters is not only associated with names. While many of the original G1 characters, still have their own toy molds, many other molds ended up being either destroyed, missing, damaged beyond repair, or stolen by a third party company to produce knock-offs. Among those are Mirage, Sunstreaker, Wheeljack and all of the Dinobots.

[Al-1701]

Even AJ has a G3 counterpart.

What about the original series?  Hasbro hasn't licensed Shout!Factory to make DVD's of it or put it up for instant access on Netflix like their other original cartoons.

If it's a case of they just don't want to use it, they're costing themselves money to be had.

Hasbro side stepped the naming issue by putting "My Little Pony" in front of their name.

[hathorcat]

Just in my opinion, I dont think they are costing themselves money...as collectors we are a very small element of their market - I am sure they will make more by keeping recently in the mind ponies on shelves than ponies from 30 years ago. Mind you I ll be first in line for ANY G4-G1 nod! Likewise clearly HB currently see more money in making "show accurate" ponies for collectors than for making G4 incarnations of older ponies.

No one is denying that we as collectors would snap up a G4 Bow Tie or G4 Fizzy...but to little girls and their mums [who arent collectors or dont have particular memories of the ponies they had as kids] a G4 Bow Tie is much the same as a G4 Star Swirl...

The G1 movie and show were, and probably still are, on license to Rhino Studios since back in 03-04. I do agree though that the lack of the original show appearing on Netflix when so many G1 cartoon incarnations are now getting green lit on the site is disappointing but I would guess it may be down to their original license with Rhino still being in place. Thats speculation though.

[Al-1701]

I was talking more about the show than the toys in terms of money to be made.  I bet a DVD of the original, uncut specials would attract enough buyers to be profitable.  Netflix would be an even better win for them.

I'm not sure how the license issue works.  Hasbro supposedly bought the Sunbow library back in 08.  You would think that would include ponies.

I was wondering, speaking of the retro sets, have anymore come out recently?  I know they released the original six and the first set of Rainbow Ponies a couple years back.