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That comes from the belief that “if we allow one party to do it, we have to allow everyone to.” This will not hold up in a court of law.
No one is going to argue that allowing use of an IP will weaken infringement claims against other more major uses. That’s absolutely true and common sense.
But, your post was misleading. Stating that an IP is “opened up to everyone” if you fail to defend it is purely and simply false. You don’t forfeit your claim when you allow use, as is implied by your phrasing. It’s not suddenly up for grabs, you can still defend it at any point down the line, provided you’ve maintained ownership. Unfortunately, you’re merely setting a double standard for use when you claim infringement elsewhere, which makes it more difficult to defend.
So, while defending your IP’s thoroughly is sane business advice, which is what you’ve cited, it is not law. Hasbro’s hands are NOT tied by the law on this matter. They are well within their rights, but kicking in the teeth of fan projects is still a questionable practice, and one that is becoming increasingly obsolete in this age as the world opens up more.
If you want to claim that undefended IP’s are forfeited and no longer defensible, you’re 100% wrong. No judge is going to tell Hasbro that they no longer have any claim to MLP because they allowed fan-created content.
I don’t want you to cite business advice, I want you to cite the law that declares undefended content up for grabs.
“Pursue infringement fully, using an attorney to legally force the infringing party to cease using the trademarked material. Pursue even smaller infringers, as allowing any use can jeopardize your ability to fight larger infringement claims.” Here’s my source of info; what’s yours? I should be able to locate more if you like.
That’s what I think too. I noticed that this happened after EVO, and just put two and two together.
Like you said, charity or no, Fighting is Magic was making money that Hasbro couldn’t control and had to take action. Does it suck? Yes. Does it make sense? Sadly, yes. Can anything be done? Well, we have to wait and see.
My sympathies to Mane6 for all the hard work they did and hope they can work something out towards the future of this game.
My seat-of-my-pants theory is that Hasbro knew all along about Fighting is Magic.
It was the EVO popularity and donations that probably triggered the Cease and Desist order. Once they realized that money was being generated from their property without their permission (the fact that the money was for charity is irrelevant, because it’s money that Hasbro had no control over, and the money was being produced on their property,) they were probably legally bound to defend their property.
With the show looking like it was going to take off along with the toys and stuff, they might not want to take any chances with losing what is one of their biggest things going right now.
This is a widespread, false belief.
Yes it is. In fact, by copyright law, it’s a necessity. If they don’t defend their IP, it’s opened up to anyone.
They were forced to drop the axe when Fighting Is Magic got into EVO.
Once they were done, BAM.
Also, perhaps as a message. You’ll never know…
I guess that’s the perfect sentiment. Feel bad and keep living.