Accused turns up with Playmobil court model
There were chuckles in court this morning when a woman who is accused of violating intellectual property law by selling Playmobil toys turned up in court with a Playmobil model she had created, showing the court chamber, complete with Magistrate, the blonde deputy registrar, defence and prosecution.
Vicky Vassallo stands accused of commercial fraud and breach of copyright. She was first arraigned two and a half years ago after she set up an e-bay account through which she sold sets of Playmobil figures built into her own scenes.
Giving evidence today, Mrs Vassallo said she had been collecting Playmobil toys for 30 years and was 'obsessed' with them. She even attended Playmobil toy fairs around Europe where collectors like herself meet up, exchange figures and compete in the creation of the best scene (diorama).
These fairs, she explained, were promoted by Playmobil and the prizes were awarded by Playmobil itself.
At this point, she exhibited a Playmobil version, she created, of Magistrate Antonio Micallef Trigona's courtroom and presented it as evidence. The Magistrate and the officers of the court chuckled as she explained how she assembled the model, using different parts from various sets. For example, she said, the chairs were taken from a Victorian dining room set which belonged to a doll's house made by Playmobil. She jokingly pointed to the court usher and said she could not make one like him!
She said the creation of sets such as this was called customising, and Playmobil had issued books precisely on customisation.
She presented a press release issued abroad by Playmobil which gave guidelines on what people should avoid when customising Playmobil products, such as scenes of violence. She always respected those guidelines, Mrs Vassallo said.
She said her e-bay page was fully regulated and she did everything by the book with regards to selling and buying sets.
In cross examination, Police Superintendent Carmel Magri asked her if she was authorised to create these sets and sell them on. She said such authorisation to create such sets was not needed. The Playmobil figures were sold on as second hand goods, she explained.
Defence counsel Joe Giglio, asked the police superintendent what car he had. Supt Magri said he had a nine-year-old Peugeot and before that he had a Skoda.
Dr Giglio asked him whether he had authorisation from Skoda to sell on the car. Did he have authorisation to change its tyres.
The Superintendent said he did not have authorisation, but no official complaint was filed against him.
The case continues.
Popular Stories
Old buses, drivers to return
Former Judge Ray Pace found dead
Updated: Minister apologises for...
Three new Nationalist MPs elected –...
Where’s Everybody staff is given notice
Updated - Director of Prisons submits...
Update 4 - Eddie Fenech Adami stable...
Update 3 - Woman trapped as car crashes...
Revealed...the face of a Maltese woman...
In Discussion
Old buses, drivers to return
Updated: Minister apologises for...
Updated - Director of Prisons submits...
Enemalta seeking minimum five year gas...
Protected birds shot and trapped as...
Mario de Marco, Zammit Dimech concede,...
PN postpones salaries as financial...
Updated - PM's offer to Opposition MPs...
No appeals board for first part of power...
58 Comments
Post comment
Please sign in or create your Account to post comments.
M Caruana
Sep 14th 2011, 17:44
Playmobil have actually recently launched a set of 24 figures under the title FI?URES (12 for boys and 12 for girls) where the children get a bag and do not know the contents of the bag. The figures inside are not assembled and they have to be assembled by the children. In these bags there is actually a piece of paper which encourages the buyers to swap the figure's items, a good way of contradicting yourself!
Alan Xuereb
Sep 14th 2011, 17:35
Is this the way to make a new propaganda? Or is it that playmobil is just clutching at straws?
Pia Attard
Sep 14th 2011, 12:56
What's next? Arresting 6 year olds for using their imagination? What if they show it to their friends? Are they violating intellectual property? What if (GOD FORBID) they use a playmobil model or lego or whatever as a school assignment?? If playmobil sets weren't meant to be mixed, they simply wouldn't fit into each other. As stated, she is selling them on as used items. She is not creating "fake" playmobil, by keeping their name, and stating they are used, this case should be absolutely redundant.
This is absolutely ridiculous.
Mr R.E. Saliba
Sep 14th 2011, 08:38
If they're sold as 'used', she's acknowledging that they originally belonged to Playmobil. So Playmobil don't have a case.
If anything Playmobil should LEARN and actually sponsor a competition between afficionados, with the best customization winning. In my opinion, it is a ridiculous situation and Playmobil should consider sacking their marketing manager for missing such an opportunity...
Pia Attard
Sep 14th 2011, 12:57
well said. Heads should be rolling in the legal and marketing departments of Playmobil
Mr Stephen Borg
Sep 14th 2011, 07:24
Don't the police have anything better to do? Then getting against this women which is only expressing her creativeness through Playmobil toys and figures. Only in Malta.
John G Borg
Sep 14th 2011, 00:05
Judging by the sentence handed down to the Englishmen and their 'smuggled' tobacco today this woman should spend the rest of her life behind bars with a hefty fine to boot. And NO parole. Shame shame shame. LOL
Adele Mintoff
Sep 14th 2011, 00:02
What a farce!!
Wayne Scicluna
Sep 14th 2011, 12:09
We are Maltese... Farce is a part of our DNA for a long time now lool
Mr Tony Camilleri
Sep 13th 2011, 23:15
Crazy illogical waste of time of citizens and courts.
Ms Lynn Zahra
Sep 13th 2011, 23:01
As Christina Pace points out below, Mrs.Vassallo has intellectual property rights over her creations. I thought that Brand International 's Helga Ellul had more business acument than this. Mrs.Ellul should have snapped up and hired Mrs.Vassallo with Playmobile, for her innovative creations , instead of hauling her to court.
Ms D Galea
Sep 13th 2011, 21:30
If I restaurant serves pasta dishes with Pesto Genovese or Bolognaise sauce , do they first have to get permission from the local councils of Genova or Bologna ?
Mr Jay Oatmon
Sep 14th 2011, 12:59
No - but if you sell a drink called 'Pepsi' and it is a fake, you will be prosecuted for defrauding people, and it may not be safe.
Ivan Cocker
Sep 13th 2011, 20:22
Today I just stopped my son from customising his Playmobil toys as he might be offending the Maltese laws! LOL
This is simply the craziest joke I have ever heard, I guess if Ms Vassallo was re-casting or portraying the Playmobil toys into blasphamy or misleading acts that might be a valid case but customising normal dioramas and selling them over ebay I see no serious threat for the brand ... but they should use it as a marketing tool to show how modular and creative their toys could be ... maybe they just take interest in some scenes and use them for their own ...
They should banned YouTube as it is full of Playmobil mini films replicating famous movie scenes from Lord of the Rings, 300, StarWars etc etc these have never been promoted by the brand so why they have not taken action ...
So we are ending that creativity is now controlled by the BIG brother ... are we getting worst then the Talibans!
DR EMMANUEL BEZZINA,MA,MAG.JUR.[EU Law],LL.D.,
Sep 13th 2011, 20:12
Professor Edward DeBono might refer to this woman as a Creative Thinker utilising both parallel and lateral thinking to don different hats in bringing to creation these models.
I hope the Court Chamber model with Magistrate AMT presiding and Ms Sue as Deputy has been exhibited in case there is an Appeal,as the Attorney General`s Office appears to be making it a habit to practically appeal on just about anything,wasting in the opinion of many public funds and resources,apart from their having much less time to focus on more important matters.
Once the case is finalised, the Court Chamber Model should be exhibited permanently in our Courts of Justice as a symbol of every citizen`s right to have his / her say, in whatever decent manner, so that Justice be seen to be done.
I hope the public gets to get a glimpse of this model. PLAYMOBIL wonderful publicity for you,despite the odds!!
Ian Abela
Sep 13th 2011, 23:25
Your comments never seem to make any sense dott, mux imbilli ghandek alfabett wara ismek! Debono's thinking hats are specifically not about parallel thinking, but lateral. Also, the thinking is not done to 'don different hats', it is to find solutions to problems. No one needs lateral thinking to be able to put on a hat! The hats are just there to help keep focus. Finally, appeal does not start with a capital letter. A bit of punctuation helps too. At least, thankfully, you've stopped overusing the capslock button!
Mr francis darmanin
Sep 13th 2011, 18:59
Congratulations and good luck to this enterprsing lady. It's amazing how the law comes down on the small man (woman).
At least now I know what to expect if I keep on making Sachertorte and Christmas pudding. I wonder who has the rights on that one, Charles Dickens perhaps.
Marisa Deguara
Sep 13th 2011, 18:46
what a waste of time and money!!!!!!!!!!!!!!!!!
Mr Mario Busuttil
Sep 13th 2011, 18:02
Prosit Dr Giglio tal comparison li ghamilt mal karozzi ,nahseb li kieku kullhadd jigi mtella il qorti ghax kullhadd jibdel u jbieh maz zmien....lil din is sinjura misshom isibuhla job mal playmobil ghax tider kreattiva u mhux itellawa il Qorti.
Ms M Mifsud
Sep 13th 2011, 17:30
Well done Ms Vassallo, may we have more people who, like you, use their imagination and creativity! Good luck in proving yourself in the right in our ridiculous courts!
Denis A. Darmanin
Sep 13th 2011, 17:19
So all these modellers who buy a standard model car or soldier, customising it into a different model or figureine, and sell it, are breaching some law?
Ms Vassallo, I rather live in the Playmobil land rather than Cookooland!
V. Cauchi
Sep 13th 2011, 17:16
It reminds me of an old TV series - MISLEADING CASES. Once the protagonist produced a cow in court on which he had written a receipt to prove his case!
N. Bonello
Sep 13th 2011, 17:07
One word of advice to Vicky Vassallo - start using LEGO models.
Good luck and really hope you win.
Peppi Grech
Sep 13th 2011, 16:58
X'imhatra li tehel iktar minn dawk li dahhlu is-sigaretti bil-kutrabandu?!!!!
Christina Pace
Sep 13th 2011, 16:45
I have been following this thread and I am amazed no one has mentioned the obvious. This ecene creating trend was most prably started by playmobile in the fisrst place to increase interest in the adult market which is where the money really lies. Competitions are held for this sort of thing which are even encouraged by the brand.
As for her selling them as seconf hand there is nothing wrong with it. When she is using pieces from other manufacturers she cannot sell the whole scene as a playmobil but can mention moth manufacturers. As long as they are mentioned and she doesn't take credit for their manufacture she is clear. She can however take credit for the design of any alterations as this falls under hewr intellectual property. It is so obvious.
Peter Seebohm
Sep 13th 2011, 16:43
It looks like she did a BIG crime LOLOLOL
Mrs Vasallo, I do really hope you win at court.
Get a BIG picture about branding, they NEVER got any complaint, resp had to appear at court for branding, name violations etc.
Those guys made one of the craziest things on earth, which is only possible because of "branding" the original toys.
http://www.miniatur-wunderland.com/exhibit/video/4-minutes-wunderland/
http://www.miniatur-wunderland.com/exhibit/wunderland-sections/
Meanwhile big companies, airlines, etc. standing in row to be shown at this place
Imagine they ask AirMalta to brand a model, do you think they would run to court?
http://www.miniatur-wunderland.de/anlage/video/miwula-tv/film/artikel/atemberaubende-bilder-des-knuffingen-airport/
Enjoy the pictures or clips :-)
Noel Abela
Sep 13th 2011, 16:41
A waste of good tax payers money.
Mr Christan Brincat
Sep 13th 2011, 17:30
At least we got a laugh out of it ahahha
MARK MIFSUD BONNICI
Sep 13th 2011, 16:01
I have a bucket full of playmobil figures from my kids childhood years. Am i entitled to sell these as used toys or will I end up in court playing games to prove my innocence?
Whoever said delays in court are possible must take a good look at this charade!!!!
Mr Alexander Pace Gouder.
Sep 13th 2011, 15:48
This case should have been over today. Quote "THE CASE CONTINUES" On what? i think and would say Playmobil should employ Ms.V.Vassallo. Form what I read in this article she seems to be doing a very good joy more a WORK OF ART.Can someone , explain or answer this question. Is it a crime to sell second hand goods? !!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Mr Peter Korsten
Sep 13th 2011, 15:46
Imagine that you buy a car, you soup it up with spoilers and a flashy paint job, and sell it on. Does the car manufacturer have any say in this? No, of course not.
Even if Ms Vassallo made a competing system, in other words from non-original Playmobil parts, it's doubtful that Playmobil had a case, as Lego have found out: they do not have a legal right to the system with the little notches. Only if they were non-original and sold as Playmobil, in which case it would be a trademark violation.
Ms D Galea
Sep 13th 2011, 15:40
The business acumen of thid clever lady should be commended not punished.
M Vella***
Sep 13th 2011, 16:26
@Ms D Galea I agree with you 100%.
Giovann Demartino
Sep 13th 2011, 15:30
imma xi tridu taghmlu jekk Malta mhux veru ghandna l-problemi? L-Arriva waslet tard, il-kartuna tal-halib ma tinfetahx malajr, l-ghatu yal-yoghurt jaqtaghlek ilsienek.....tal-iscammel u tal-gass jaghmlu hafna storbju.....Pacenzja.
Mr R ferriggi
Sep 13th 2011, 16:25
kollha sinjali ma mard kronika li ghandna f'dan it tikka pajjiz fil fatt.
serjeta nieqsa f'kollox, jekk tidhol fid dettal.
ta suq u mexxi,,, kollox jghaddi. il klient jaghlaq halqu.
u liskuza hi li '' xi haga zghira dik ta!!''.
Mr Jay Oatmon
Sep 13th 2011, 15:02
The thing is are these 'knock offs' safe for kids to play with, is the paint this woman uses safe for kids to put in their mouths etc. This may seem a joke to some, but kids may be at risk does this fake stuff pass EU safety standards?
In my view this woman is simply making money under false pretences and from someone else's idea.
Alexandra Abela
Sep 13th 2011, 15:59
They are not knock offs in reality. They are original Playmobil parts re-assembled differently. When I was a kid I used to do it myself and build a totally different scenes all the time using original Playmobil parts. I did not like the fact that all soldiers had the same hair colour and the same hat, so I used to change the hair with another hair of a different toy.
I think they are sold mostly to collector's. If I am buying something to a kid I do not buy the customised stuff but a box directly from Playmobil. In the end it is the responsibility of the parents or the adult buying the gift to read that these are customised.
Deo Catania
Sep 13th 2011, 16:28
What paint? have you ever saw playmobil toys? everything is interchangeable. Making money under false pretences? on what grounds? if you own an item and want to sell it you can ask whatever price you wish. You didn't understand a single word from the article above but decided to show us your intelligence just the same.
Mr Jeffrey Mallia
Sep 13th 2011, 14:54
But how come a police superintendent ask such a silly question ?? Do you have to have a licence to be CREATIVE by useing second hand items these days ?? And does maltese citizens need a licence to sell stuff on Ebay ?
Malcolm Debono
Sep 13th 2011, 14:50
As long as she's selling them as second hand, I don't see how she may be infringing their intellectual property law. I don't know if this applies to Malta, but in the US the first-sale doctrine specifically allows anyone to "sell a particular lawfully made copy of the copyrighted work without permission once it has been obtained".
Mr Alfred Attard
Sep 13th 2011, 14:50
Does she realy needs a defence counsel?
Mr mark johnson
Sep 13th 2011, 14:48
Judges get slapped wrists for corruption ................... and now this.
My mates in england think I make these stories up until they follow the link to the times website.
She needs to make a model prisoner now.
Ms jeneba caruana
Sep 13th 2011, 14:38
you take a person to court for this? police have nothing to do??
Deo Catania
Sep 13th 2011, 16:30
It's not the police who have nothing to do but Playmobil.
John Carmel Navarro
Sep 13th 2011, 14:37
Reading this story caused me to do a quick double check of the date today; surely I thought it must be 1st of April!!! What is going on in Court today beckons believe I have great respect for ‘Playmobil’ who as a Company has helped Malta’s economy for more years than I care to remember, unfortunately on what facts are shown in the story I just cannot believe such a case has been brought forward against the defendant. I have to come clean my eldest son now in his forties and living abroad during his younger years often mixed figures for example he had Policeman driving fire engines, Fireman driving ambulances and so on as he was getting older often he sold his figures on not always as supplied by the manufactures!
Defence Council question to the Police Superintendent epitomizes the standard some of our lawyers are at!!! Nice one oh learned one.
Wesley Dee
Sep 13th 2011, 14:36
...words fail me...what a complete waste of everyone's time and taxpayer's money.
Mr Peter Korsten
Sep 13th 2011, 15:40
Taxpayers' money? In a civil case?
Wesley Dee
Sep 14th 2011, 16:58
I'm guessing the Magistrate and Police Inspector's salaries arent subsidised/reimbursed by costs for a start
Mr Hans Borg
Sep 13th 2011, 14:35
They should give her an executive job at Playmobil and seize this business opportunity.
Mr Jo Meli
Sep 13th 2011, 15:24
Well said and to me is the BEST solution ... business development executive fits Vicky Vassallo well.
Mr C Cassar
Sep 13th 2011, 14:32
Taking someone else's buisness idea is against the law and for very good reason. Playmobil invested millions in creating a brand and product offering.
Mr robert micallef
Sep 13th 2011, 14:37
maybe its you who is not understanding as the defence lawyer pointed out
Deo Catania
Sep 13th 2011, 15:08
'Customisation' tigri f'kollox, hadd ma jista jindahallek. l-akkuzata xtrat pupi u settijiet tal-Playmobil, halset ghalihom, immodifikat settijiet kif xtaqet hi u bieghithom bhala oggett uzat........x'hemm hazin? qatt ma rajt karozza modifikata ghall-bejgh? Dil-haga tigri wkoll fil-mudelli tal-karozzi Matchbox u Hotwheels fost ohrajn......il-Mattel qatt ma fethet halqha fil-vojt u bir-ragun.
Ms C. Dimech
Sep 13th 2011, 15:21
sorry someone is missing the point here. This woman is putting pieces of REGULARLY BOUGHT playmobil pieces in a scene of her OWN creation....for example a day at the park with the kids and family dog, and selling them to other afficionados....exactly HOW is she breaking the law???? by being creative!!! darn it...i had better tell my son not to engage in role play with his playmobil characters when he is with his friends lest he is sued!!!! i would GREATLY like to know who sued this woman.....pathetic!!! As far as i know if i want to sell my son's Playmobil pirate ship on ebay i am COMPLETELY at liberty to do so
Philip Pace
Sep 13th 2011, 15:43
Mr.Cassar, I suggest that you first read carefully the article and then a deep breath and understand it later!Got the hint!!!
Ramon Casha
Sep 14th 2011, 05:32
Yes, and Ms. Vassallo is selling those items together with other items. What she's doing is like selling authentic Barbies with extra clothes and costumes that she makes herself, or selling an authentic Ford car with custom-made spoilers.
R. Mazzitelli
Sep 13th 2011, 14:23
lol i like this case...for me she is doing nothing wrong she has a hobby which she's good in. she buys things customize them them sell them as SECOND HAND items...so what??? e-bay is full of 2nd hand items and of factory refurbished items!!!
Steve Mifsud
Sep 13th 2011, 14:21
What a pathetic waste of time.....let's clean up these streets in Malta, forget Testaferata, let's get dirty Playmobil off the streets before our kids get harmed
Please choose the reason of your report below: