The problem is also that we use the term “counterfeit” very extensively. A real counterfeit is only if someone makes exact imitations of another product. This is done, for example, by those who make copies of TrackMaster engines, making both products and packaging in a way that suggests they were produced by Fisher Price, when in fact it was not.
These Plarail “counterfeits” would not mislead anyone that they really think they are buying Takara Tomy products, there is not even an arbitrary use of the brand on the packaging. Nowhere (fraudulently) does it say that it is a Tomy product, as in the case of the TrackMaster we have the misuse of the corporate trademark and name. The packaging itself (and the product in general) of these Plarail “counterfeits” doesn’t look like any particular Takara Tomy Plarail set at all. In fact, there is no Plarail set looking like that at all.
Therefore, these manufacturers (if such a process could be initiated) could possibly be sued for infringing the trademark "Thomas & Friends" (which they probably point out without authorization) and not for counterfeiting Takara Tomy's products, as this is not even claimed on the product. From the above, as well as from the definition of the term "counterfeit", it follows that this stricto sensu is not a counterfeit of Plarail products.
However, if the above-mentioned Tomy T-11 Diesel and Tomy T-12 Boco products turned out to be counterfeit, then we could talk about counterfeiting in the full sense of the word, because they really look very much like existing Tomy products, use brand, corporate logo, design etc.
I really haven't seen many such real counterfeits of Plarail on the market, and for the above ones, as I mentioned, I'm not, and I can't be completely sure that they are counterfeit.
These Plarail “counterfeits” would not mislead anyone that they really think they are buying Takara Tomy products, there is not even an arbitrary use of the brand on the packaging. Nowhere (fraudulently) does it say that it is a Tomy product, as in the case of the TrackMaster we have the misuse of the corporate trademark and name. The packaging itself (and the product in general) of these Plarail “counterfeits” doesn’t look like any particular Takara Tomy Plarail set at all. In fact, there is no Plarail set looking like that at all.
Therefore, these manufacturers (if such a process could be initiated) could possibly be sued for infringing the trademark "Thomas & Friends" (which they probably point out without authorization) and not for counterfeiting Takara Tomy's products, as this is not even claimed on the product. From the above, as well as from the definition of the term "counterfeit", it follows that this stricto sensu is not a counterfeit of Plarail products.
However, if the above-mentioned Tomy T-11 Diesel and Tomy T-12 Boco products turned out to be counterfeit, then we could talk about counterfeiting in the full sense of the word, because they really look very much like existing Tomy products, use brand, corporate logo, design etc.
I really haven't seen many such real counterfeits of Plarail on the market, and for the above ones, as I mentioned, I'm not, and I can't be completely sure that they are counterfeit.
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