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No one knows the exact details of the 1984 contract between Harmony Gold and Tatsunoko Productions because this contract has not been made public. However, we can infer what the contract entails from Harmony Gold's actions and inactions. I'll keep this first post updated with the most reliable information.
SDF Macross
On October 1st, 1982, Tatsunoko Productions asked for and received the worldwide (excluding Japan) film distribution and merchandising rights from Big West as compensation for their animation assistance with SDF Macross. On January 15th, 1984, Harmony Gold licensed, and later acquired, these same film distribution and merchandising rights from Tatsunoko. However, the intellectual property rights (copyrights) for SDF Macross still resides with Big West. What this means is that Harmony Gold can legally distribute the SDF Macross footage outside of Japan (ie: the AnimEigo and ADV Macross DVD's) and edit the footage at their discretion (ie: Robotech). However, they cannot create any new animation or movies using the SDF Macross characters and mecha because they do not have the intellectual property rights (copyrights). Comic books and videogames are excluded as these fall under the category of merchandising rights.
Macross: Do You Remember Love
Harmony Gold also has the worldwide (excluding Japan) merchandising rights to Macross: Do You Remember Love. However, they do not have the film distribution rights nor the intellectual property rights (copyrights) to this movie. What this means is that Harmony Gold can legally license the distribution of DYRL merchandise (ie: Toynami's DYRL Super Posable toys) worldwide (excluding Japan). However, Harmony Gold cannot release DYRL on video, nor can they create any new animation or movies using the DYRL characters and mecha. Comic books and videogames are excluded as these fall under the category of merchandising rights.
On a related note, in 1988, Celebrity's Just For Kids released DYRL (as 'Macross in Clash of the Bionoids') in the USA under a license from Toho International Co. Ltd. In 1995, Best Film & Video Corp. released DYRL (as 'Superdimensional Fortress Macross') in the USA under a license from Big West. At Anime Central 2001, Robert Woodhead (of AnimEigo) was asked about DYRL and he said that nobody knows who owns the worldwide (excluding Japan) film distribution rights anymore.
Macross II, Macross Plus and Macross 7 Trash
The film distribution rights for Macross II and Macross Plus were licensed from Big West, by U.S. Renditions (1992) and Manga Entertainment (1995), for release in the USA without any involvement from Harmony Gold. Likewise, Macross 7 Trash was licensed from Big West, by Glénat (1998), for release in France without any involvement from Harmony Gold. In 2003, Tokyopop announced that they would release Macross 7 Trash in the USA under a license from Harmony Gold, however, the manga was never published and no official explanation was given.
Harmony Gold said that they were not involved with Macross II and Macross Plus because "no one was minding the store" at that time (source needed). The subsequent Tokyo District Court ruling determined that Tatsunoko Productions (and by extension Harmony Gold) did not have any copyrights to the Macross derivatives (ie: Macross II, Macross Plus), thereby rendering the "no one was minding the store" explanation moot.
The rest of the series
As for the rest of the Macross series (ie: Frontier, 7, et al), Harmony Gold only has certain rights to these. In 1999 and 2002, Harmony Gold tradedmarked the name 'Macross' in the USA, Canada, Germany, and the United Kingdom. What this means is that any series and merchandising featuring the 'Macross' trademark would have to compensate Harmony Gold for the use of that trademark in those respective countries. Harmony Gold also trademarked 'U.N. Spacy' in the USA and Canada. In the European Union, 'U.N. Spacy' was trademarked in November 2007 and is held by Yugenkaisya Suneast trading (aka Suneast Co.Ltd) from Tokyo, Japan.*
This is just my understanding of the current legal situation. It may not be 100% accurate, so any corrections are welcome.
Sources:
Harmony Gold et al v. FASA Corporation et al, 1996 WL 332689 (N.D.Ill.): http://terrania.us/hg-fasa/
Macross 7 Trash published in France by Glénat - http://www.macrosswo...?...st&p=732684
“Fun at Acen” - http://groups.google...27c03d7fffd14ff
“Tatsunoko Wins Macross Lawsuit” - http://www.animenews...macross-lawsuit
“Macross Lawsuit” - http://www.animenews...macross-lawsuit
Big West statement - http://web.archive.o...ents/index.html
Loo, E.:”Separated at Birth”, Animerica, 2003, Vol.11, No.1, p. 47
"Tokyopop to Publish Macross 7 Trash Manga" - http://www.animenews...s-7-trash-manga
Tom Bateman states that Harmony Gold acquired DYRL merchandising rights - http://www.robotech....mp;pagenumber=3
Canada trademark filing - http://www.ic.gc.ca/...ntIndexOnPage=1
United Kingdom trademark filing - http://www.ipo.gov.u...sticnum=2204547
European Union trademark filing - http://oami.europa.e...1/003853926.htm
United States, Germany and Spain trademark filing - These websites do not allow direct linking and must be searched manually.
*A huge thanks to Bri for getting the trademark information!
Compiling the court documents we have into a simple, itemized list:
25 February 2002 Ruling (Studio Nue owns the 41 disputed designs)
http://www.courts.go...mp;hanreiKbn=06
02 October 2002 Appeal (Tatsunoko's appeal of the above - rejected)
http://www.courts.go...mp;hanreiKbn=06
20 January 2003 Ruling (Tatsunoko owns economic rights to Ep1-36) (Dug up for me by Talos)
http://www.courts.go...mp;hanreiKbn=06
25 September 2003 Appeal (Studio Nue's appeal of the above - rejected)
http://www.courts.go...mp;hanreiKbn=06
01 July 2004 Ruling (Tatsunoko's demand for restitution against Big West & Bandai - rejected)
http://www.courts.go...mp;hanreiKbn=06
27 October 2005 Appeal (Tatsunoko's appeal of the above - rejected)
http://www.courts.go...mp;hanreiKbn=06
Serial #75750692
Word Mark MACROSS
Goods and Services IC 025. US 022 039. G & S: [ Socks, footwear, shirts, sweatshirts, pajamas, warm-up suits, coats, shorts, gym shorts dresses, clothing belts, bandannas, sweaters, gloves, ear muffs, neckwear, ski wear, slacks, sun visors, suspenders, turtlenecks vests ] headwear [ bathrobes, beachwear ]. FIRST USE: 20010930. FIRST USE IN COMMERCE: 20010930
Mark Drawing Code (1) TYPED DRAWING
Serial #76288366
Word Mark MACROSS
Goods and Services IC 009. US 021 023 026 036 038. G & S: Prerecorded video cassettes and compact discs featuring music and animation from an animated cartoon series; computer game software based on an animated cartoon series. FIRST USE: 19850114. FIRST USE IN COMMERCE: 19850114
Mark Drawing Code (1) TYPED DRAWING
Serial #76385551
Word Mark MACROSS
Goods and Services IC 041. US 100 101 107. G & S: Animated cartoon series delivered via a global computer network, television and satellite. FIRST USE: 20010800. FIRST USE IN COMMERCE: 20010800
Mark Drawing Code (1) TYPED DRAWING
Serial #76382155
Word Mark MACROSS
Translations The English translation of the Japanese characters "Ma-Ku-Ro-Su" which means "MACROSS". The English translation of the Chinese characters "Chou Jikuu Yousai" is "super dimension fortress". The entire title is pronounced "Chou Jikuu Yousai Ma-Ku-Ro-Su" which is officially translated as "Super Dimension Fortress Macross".
Goods and Services IC 016. US 002 005 022 023 029 037 038 050. G & S: Comic books [ and novellas ]. FIRST USE: 19841203. FIRST USE IN COMMERCE: 19841203 IC 028. US 022 023 038 050. G & S: Toy action figures. FIRST USE: 20020227. FIRST USE IN COMMERCE: 20020227
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 26.11.01 - Rectangles as carriers or rectangles as single or multiple line borders
26.11.21 - Rectangles that are completely or partially shaded
28.01.03 - Asian characters; Chinese characters; Japanese characters
Serial #76480124
Typed Drawing
Word Mark MACROSS
Goods and Services IC 028. US 022 023 038 050. G & S: Toy action figures. FIRST USE: 20020227. FIRST USE IN COMMERCE: 20020227
Mark Drawing Code (1) TYPED DRAWING
Just out of curiosity, I decided to do a search in the US Copyright database for "Macross" (I'm not sure I can directly link each reference but it's easy to do a lookup anyways. Linky)
Macross; Producer: Tatsunoko Production Company, Ltd.
Type of Work: Recorded Document
Document Number: V3449D401
Date of Recordation: 2000-03-06
Entire Copyright Document: V3449 D401 P1-3
Date of Execution: 15Jan84
Title: Macross; animated TV series / Producer: Tatsunoko Production Company, Ltd.
Notes: Original license agreement.
Party 1: Tatsunoko Production Company, Ltd.
Party 2: Harmony Gold Ltd. USA.
Names: Tatsunoko Production Company, Ltd.
Harmony Gold Ltd. USAMacross: episodes 1-36. By Tatsunoko Production Company, Ltd.
Type of Work: Motion Picture
Registration Number / Date: PAu002503627 / 2000-03-13
Supplement to: PAu000740323 / 1985
Title: Macross: episodes 1-36. By Tatsunoko Production Company, Ltd.
Copyright Claimant: Harmony Gold USA, Inc. & Tatsunoko Production Company, Ltd. (on original appl.: Japanese soundtrack & story)
Previous Registration: (on original appl.: English version including animation prev.reg.)
Supplement to Registration: PAu 740-323, 1985
Contents: Bobbytrap -- Countdown -- Spacefold -- Lin Minmei -- The transformation -- The Daidarus attack -- Bye-bye Mars -- The longest birthday -- Miss Macross -- The blind game -- First contact -- The big escape -- Blue wind -- Gloval’s report -- Chinatown -- Kung fu dandy -- Phantasm -- Pineapple salad -- Bursting point -- Paradise lost -- Micro-cosmos -- Love concert -- Drop out -- Goodbye girl -- Virgin road -- The messenger -- Love floats away -- My album -- Loli’s song -- Viva Mariya -- Satan’s dolls -- Broken heart -- Rainy night -- Private time -- Romanesque -- A gentle farewell.
Variant title: Macross: episodes 1-36.
Other Title: The transformation.
The Daidarus attack.
The longest birthday.
The blind game.
The big escape.
The messenger.
A gentle farewell.
Names: Tatsunoko Production Company, Ltd.
Harmony Gold USA, Inc.Macross : episode no. 1-36.
Type of Work: Motion Picture
Registration Number / Date: PAu000740323 / 1985-03-28
Supplemented by: PAu002503627 / 2000-03-13
Title: Macross : episode no. 1-36.
Description: 21 videocassettes (525 min.) : sd., col. ; 3/4 in.
Notes: Animated.
Language: In Japanese.
Credits: Produced by Tatsunoko Production Company, Ltd.
Copyright Claimant: Harmony Gold U. S. A., Inc., and Tatsunoko Production Company, Ltd.
Date of Creation: 1983
Authorship on Application: animation, story, soundtrack: Tatsunoko Production Company, Ltd., employer for hire.
Previous Registration: Preexisting material: English version including animation.
Basis of Claim: New Matter: "Japanese soundtrack and story."
Copyright Note: See also Macross: episodes 1-36; Reg. 13Mar00; PAu 2-503-627
Variant title: Macross : episode no. 1-36
Names: Harmony Gold U. S. A., Inc.
Tatsunoko Production Company, Ltd.
And then this:Macross.
Type of Work: Visual Material
Registration Number / Date: VAu000534107 / 2002-05-17
Title: Macross.
Description: Drawings.
Copyright Claimant: Kabushiki Kaisha Studio Nue & Kabushiki Kaisha Big West
Date of Creation: 1982
Authorship on Application: artwork: Kabushiki Kaisha Studio Nue, employer for hire.
Names: Kabushiki Kaisha Studio Nue
Kabushiki Kaisha Big West
Majority of the references, as I understand it, of Macross relate to SDFM.I need to find the Japan Copyright and Trademark databases just to see what's listed in there.
![]()
Harmony Gold's trademark request for "Macross" in Japan and Asia - Denied
Issued: 1-24-2004
http://shohyo.shinke...?number=1088731
http://shohyo.shinke...?number=1088733
Additional Resources:
What is Intellectual Property?
Did You Say “Intellectual Property”? It's a Seductive Mirage


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