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Mattel hard at work stealing again..... Mattel has done this for as long as I have been a collector and that is 35+ years. Mattel will always say they do NOT steal other peoples cars and they are always innocent .... Yea right :rolleyes:
 

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I have to side with Mattel on this one. While the picture of the ICON truck may have very obviously been used as the model for Mattel's product rendering, and probably was - which is why Mattel took the picture down. That image alone of a Toyota looking 4x4 popping a wheelie pose does not constitute infringement to ICON. The "trade dress" argument is malarky, because their just isn't enough their which belongs solely to ICON.

I think ICON stepped into a huge legal grey area when they decided to base their own product very heavily on the pre-existing product of another manufacturer. In this case Toyota, who has granted full approval for Mattel to produce a truck that looks very much like the ICON, but isn't. ICON may hold the rights to the "FJ40" name, but Mattel has full permission to use the name and likeness of the Toyota FJ40 Land Cruiser.

If ICON were not hawking $150,000 trucks which look just like Toyota's, they could avoid these issues entirely.
 

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"Citing the high cost of legal fees expected to defend his position"

Sounds a lot like legal lingo for "if it went to court, we have a good chance of losing the case"

I don't even know if they could sue over the image, unless he had his likeness copyrighted (like some hollywood stars do).
 
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