Radio Flyer sues Michigan toy company over allegedly ripping off its two-seater red plastic wagon
https://www.chicagotribune.com/business ... story.html
What caught my interest with the news story that I thought applied to us was the following blurb:
Beyond the patterned foldable seats, which allow two children to face each other, the packaging is “nearly identical” and “likely to cause consumers to confusingly believe the (American Plastic Toys) 2 in 1 Wagon is a Radio Flyer product,” the lawsuit alleges.
To the uninformed consumer (which might be casual fans or parents with kids), there are many things that apply to 3rd party products versus Hasbro and Takara Tomy's official Transformers that could fall in line with the statement above.
In addition, Radio Flyer alleges the Pathfinder Wagon, which sells for about $100 on the company’s website, is of higher quality, with a maximum weight capacity of 200 pounds, versus 84 pounds for the alleged knockoff. The Radio Flyer model also includes seat belts, which the APT version does not, “increasing the risk of injury to young children when riding in the wagon,” the lawsuit alleges.
The above text could also apply to the 3rd party products because those products do not have to pass child-safety laws, yet are sold alongside official Transformers products on various retailers websites such as Amazon.com, Walmart.com, Target.com and other online retailers.
The biggest difference I see between the Radio Flyer case and any case Hasbro could have with 3rd party companies is Radio Flyer is taking on a Michigan-based company whereas most 3rd party companies are based in Asia or (more specifically) China, which complicates the legal challenges due to international law.