Hobby manufacturers, wholesale and retail distributors, and consumers alike, this is a CALL FOR ACTION! Contact your elected Congressional Representative without delay to urge them to support House Bill 4806, Military Toy Replica Act. Passage of this Bill will “prohibit defense contractors from requiring licenses of fees for use of military likenesses or designation.” It will specifically provide exemptions for U.S.-based hobby and toy companies involved in the development, marketing, and sale of assembled or unassembled replicas of U.S. military hardware. Contact your reps at:
For more than fifty years, military aircraft, ships, and vehicle design and designations have been in the public domain and free from licensing restraints as the actual subjects were contracted and fully funded by the U.S. Government on behalf of the U.S. citizenry. Recently, major U.S. Defense contractors or their designated licensing agents have begun programs to appropriate these federally-assigned type designations (i.e. P-51, P-38, B-17, B-52), associated names (i.e. “Mustang”, “Lightning”, “Flying Fortress”, “Stratofortress”), and likenesses into intellectual property for corporate gain through royalty income from readily-recognized names and likenesses.
FAILURE to pass H. B. 4806 will have the following negative effects:
Increase product costs at all levels of distribution
Reduce access to a wide variety of available product as low-volume subjects will be deleted or eliminated as they will no longer be financially viable
Significantly increase new product development cycles and costs due to the unwarranted burden of new licensing requirements
Protect your access to your national military heritage! Protect your access to scale replicas of military aircraft, vessels, and vehicles that have been funded by the U.S. Government with taxpayer dollars. Contact your elected Congressional Representative without delay and urge them to pass House Bill 4806!!! Do your part to stop this unwarranted misappropriation of our nation’s military history!!
Note that it is important to reply to Mike Bass of Stevens International at mbass@stevenshobby.com if you are able to confirm support from any legislator for this Act.
This nasty mess was started in the Model Railroad industry by Union Pacific wanting payouts for its logos and Fallen Flags railroads. This has gotten ugly in the last few months and model companys will end up passing on the costs to the consumer, UP even went after a Photographer for doing a calender of UP engines, with pictures he took along the rail lines.
Since names such as “P-51 Mustang” are household names and are used in an historical context, they shouldn’t be protected by copyright or trademark laws. Other examples include things such as “kleenex,” which lost its copyright after a court ruled that the name “kleenex” had become a household name.
Well, that’s exactly why companies fight so hard to protect their brand names–Xerox, Band-Aid, Kleenex, Porsche, whatever. If you don’t protect it, you lose it and it becomes generic. I’m on their side.
Stephan, if I understand you correctly you think Americans should be paying companies to use the names of products we have already payed to develope and manufacture. These companies have already been payed insane amounts of money for these products. If our politicians weren’t bought buy these companies it would be understood once you (the American people) pay for something you own it. Band-aid and Porsche used their money not our money to put their products on the market. Are you a lawyer? No offense meant, just my 2cents.
I am all for this bill, and will contact my Congressional Representatives. It’s time to put an end to this form of corporate gluttony. Licensing fees imposed upon model manufacturers by defense contractors are merely an attempt by unimaginiative corporate honchos to “exploit new revenue streams.” Claiming that it is an attempt to protect trademarks, or even better, to recoup alleged losses related to litigation, is a load of garbage.
All of the costs for the R&D and production of military equipment are well paid for by the American public, as well as a hefty profit. They need to find a better way of funding their golden parachutes.
And, don’t be surprised to see a few of their shills posting here and at other similar sites. The goal of their lobbyists (and I’m sure they have MANY, very expensive ones…) is to make sure that this bill gets sacked.