Quoted from SuperMica:> Mirco makes products under license from Planetary [PPS].
> A trademark licensor can be held liable for defective goods produced by their licensees.
> Therefore, PPS shares in the responsibility for damages caused by products on which their trademark appears.
> PPS bares liability even though they are not the manufacturer or the retailer.
> All entities that take part in production or marketing are strictly liable for any injuries resulting from such entity placing a defective good in the stream of commerce.
> This reasoning is based on an always-moving cost-benefit analysis that holds entities which benefit from the sale of defective products are responsible for the costs.
> The Lanham Act permits a trademark owner to license its trademark to a licensee that is a related company.
> The act defines a related company as "any person whose use of a mark is controlled by the owner of the mark with respect to the nature and quality of the goods or services on or in connection with which the mark is used."
> Under the Lanham Act, a trademark licensor [PPS] cannot be completely uninvolved in the manufacturing or they risk forfeiture of the mark.
> If PPS declares they have “nothing to do with the goods” other than placing their trademark on the products then they have failed to exercise the mandated control over nature or quality.
(See Lanham Act § 45, 15 U.S.C. § 1127)
pretty much agree.
At the end it's pretty unknow how many abused customers they are, but with massive production such as JJP pins and the WMS pinball swapped, I think there are a lot of defective playfields out there (among other products from Mirco) and a lot of people don't say anything (resale value?) or just let it go, because of the stress don't worth it maybe.
There is no reason than, if the manufacturing process was not ok at some point, one playfield will be scrap and others ok: they will all turn defective for this period of time the process was "off".
I think people in here are the tip of the iceberg.
In the US, you have (I think) more power than we do have in Europe with your class action, it protect customers from abuse from major player. It requires a lot of coordination and effort though unfortunatly.