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Posted (edited)

As you know, it had announced the preparation and launch of the Mirage IV in 1/32 scale as a major target in 2025 and 2026.

 

Due to unrelated circumstances, we have received a notification from Dassault Aviation demanding the withdrawal of any product or use of the Mirage IV name. I have tried to raise a discussion on the terms of a possible license, but there seems to be no interest on their part.

 

The message refers to the prohibition of the express use of the Mirage IV name and object but not other models. However given that we have partial parts of the Mirage IIIE, and although it could get into a debate whether it affects or not, the Mirage IIIE parts are going to be withdrawn. Without discussion the best parts in the world in 1/32 for this model.

 

As an exception, we will leave out of this recall the parts of the ATAR 09C5 engine, understanding that it is a completely different manufacturer's proprietary design. Since the recall notice has a 5-day deadline, they will be removed from the web store in 4 days.

 

Regarding the Mirage IV, I am truly sorry. I am convinced that many Dassault Aviation executives and workers would have purchased the model. And that it would even have been an exceptional eye-catcher in the center of a boardroom table where to leave with open mouths dignitaries from all over the world. But unfortunately this is something that only modelers know.

 

On the positive side, we are relieved of all our self-imposed workload obligations and can rethink new objectives. We will think of another machine.

 

Javier Povedano

Tecnikit

Edited by Tecnikit
Posted (edited)

Sad news. An announcement  made even more frustrating by the lack of engagement from Dassault Aviation to try and achieve a mutually benificial outcome. 

They probably have their reasons of which we will never know, made even stranger especially as companies like Kitty Hawk have the Mirage 2000 kits in the wild.

Could I possibly interest you in a 1/32 BAC Jaguar project? 

Edited by Phartycr0c
Posted
59 minutes ago, Phartycr0c said:

Sad news. An announcement  made even more frustrating by the lack of engagement from Dassault Aviation to try and achieve a mutually benificial outcome. 

They probably have their reasons of which we will never know, made even stranger especially as companies like Kitty Hawk have the Mirage 2000 kits in the wild.

Could I possibly interest you in a 1/32 BAC Jaguar project? 

 

I will try to contact them again later to make a final attempt.

 

The Jaguar has too many suitors. From BAC I would be more inclined to go for the TSR2. But in view of the outcome... other issues are going to come into play.

Posted

Sorry to read that, Javier. And to see dassault is going the way of Boeing when it comes to so-called "trade-mark protection".

 

As a former French Tax payer, who did not pay for the development and building of the Mirage IV (my parents and grand-parents did), but did pay for the some of its operations and maintenance, I still feel strange that Dassault is claiming to be the only custodian of the image of one of its products, which was paid for by the French people, and bought to defend the said People ...

 

Anyway ...

Hubert

Posted
2 hours ago, Hubert Boillot said:

Sorry to read that, Javier. And to see dassault is going the way of Boeing when it comes to so-called "trade-mark protection".

 

As a former French Tax payer, who did not pay for the development and building of the Mirage IV (my parents and grand-parents did), but did pay for the some of its operations and maintenance, I still feel strange that Dassault is claiming to be the only custodian of the image of one of its products, which was paid for by the French people, and bought to defend the said People ...

 

Anyway ...

Hubert

 

Unfortunately, that's not how it works. It is their intellectual property and they own the trademarks.

Posted (edited)
17 hours ago, Dave Roof said:

 

Unfortunately, that's not how it works. It is their intellectual property and they own the trademarks.

 

Hi Dave,

Of course you're right about the trademark "Mirage" belonging to Dassault when it comes to aircrafts. Not quite the same as the official designation of an aircraft type used by the U.S. (like P-51), where even the associated name was often chsoen by Service people. My bad for wrongly confusing the two situations and thanks for correcting me on this.

Still, this could be solved by a proper licensing agreement, following the property reminder to the offending party.

 

I would however have felt the issue more nuanced about shapes. Yes, Dassault brought a design that had many unique features, but that was in aswering a requirement drafted by the French Air Force. And many features cannot be deemed unique, even if the combination of them still is. So yes, intellectual property is at play, but where do you draw the line ?

 

Hopefully Javier can reach an agreeement with Dassault, because I would have loved a Mirage IV in 1/48 1/32

 

Hubert

Edited by Hubert Boillot
Posted
1 hour ago, Hubert Boillot said:

 

Hopefully Javier can reach an agreeement with Dassault, because I would have loved a Mirage IV in 1/48.

And even in 1/32 😉

Posted (edited)

I can’t help but wonder if this is why the 1/48 Modelsvit DN Mirage IV came to nothing in 2022….

Edited by Lee White
Fixed an error in attribution
Posted

Loophole, call it French IV or something.


Model Factory Hiro seems to get around the licensing with their cars, they release Ferrari models without naming Ferrari 


I was so looking forward to this being released 

Posted (edited)

Hubert, I grew up in Valencia ( Spain ) next to the WING 11 base, composed of Mirage IIIE.  Also my parents and grandparents paid the taxes with which the IIIE's and later the F1's were paid. And I have also had that feeling when I received the message.

 

Today I sent the message indicating that the advertisement of the product that had not even been designed ( Mirage IV ) has been withdrawn and that the few superdetails made to complement the ITALERI modelkit ( Mirage IIIE ) were withdrawn from sale.

 

I think I understand why this happened. I am not referring to the law and its strict enforcement. If it were strictly enforced most of the existing products would not exist now. Why do I know that ? Because unlike most of the competition I do have price ranges that would allow me to consider including a cost for a license fee. Others do not. That's sure for me.

 

I believe that it is due more to a casual accident or a complaint, than to a persecution. I can not be more explicit because I hope that I can reach an agreement as the project would be exceptional.

 

The only case that I can recall where an aircraft manufacturer sued a model maker was in the USA, and from what I saw in the news in my country, it was not for a license infringement. It was a court case of espionage because the model was too much detailed and revealed parts of an aircraft that was still secret and had not been presented. I don't remember if it was the F-22.

 

Javier Povedano

Tecnikit

 

Edited by Tecnikit
Posted

The Jeep is heavily trademarked. Dragon calls it the "1/4 Ton 4x4 Truck" to avoid trademark laws.

 

If Dassault won't give you permission to use "Mirage," maybe you can call it a "French Delta Bomber." I don't think they can go after you for the shape. After all, yours is a different scale and not a perfect copy. No idea of EU laws vs. USA laws, though.

Posted (edited)

I have always enjoyed seeing the Mirage IV displays (especially the RATO), but it sounds almost incredible that the creators of this beast perform actions against a small modelmaking firm. Out of service for many years now, most aircraft scrapped, what on earth could be wrong with a 1:32 tribute?? Imho it would only stimulate or enhance the legend of this mighty delta bomber... 

encroyable...

Edited by Polecadt
Posted

German 3ton 4x2 Cargo Truck by Tamiya, an Opel Blitz in all but name, when DayGlo models released their 1/32 Fiat G.91 they couldn't include Italian decals as Italeri held the copyright, they eventually circumvented that by forming a club, which required a fee, and on joining the club you received a free set of 1/32 Italian Fiat G.91 decals.

 

French Delta Bomber, and French Delta Fighter is the way round it.

 

tamiya_cargo_truck_bl.jpg?mw=1000&mh=800

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