OK, here's what I believe to be an accurate depicting of what happened to FASA:
Link Doccuments:
A. Defendants'
motion for judgment on the pleadings or for summary judgment (denied)
B. Harmony Gold's
Motion To Exclude Evidence In Support Of FASA's Motion For Judgment On The Pleadings, And For A Protective Order (Basically, HG inadvertently disclosed to FASA documents it claims were subject to attorney-client privilege and tried to get them back. This motion was denied.)
C.
Fasa v. PlaymatesAccording to document A, FASA in fact never had a license from HG to use the Robotech images. HG had an exclusive license from Tatsunoko Production Company Ltd to use the Macross designs in the US. FASA claimed to have received a license from Twentieth Century Imports, which allegedly got the rights to images and plastic models of the Macross designs from Tatsunoko. (Presumably, this is the origin of the plastic 'Mechs that came in Battledroids.)
After FASA went after Playmates for copyright infringement (in the case Joskney linked to), HG and Playmates (which was a licensee of HG) went after FASA, this after several years of cease and desist orders from HG to FASA. They even tried to get their case folded into FASA v Playmates but that was denied and they refiled.
During the HG v FASA action, FASA tried to claim that their rights to the Macross designs were excluded from the HG/Tatsunoko deal because plastic model kits of those designs produced and sold in Japan were excluded and that's where FASA claims their rights derive from through TCI. The court rejected that argument because HG did not base their action on the Japanese model kits but on their exclusive US rights to the Macross designs. And FASA also failed to demonstrate to the court the rights they allegedly got from TCI.
So, given these documents (which are, unfortunately, incomplete; I'd love to track down the complete court files) it appears the sequence of events was something like this:
1. HG licenses the Macross designs from Tatsunoko in January 1984
2. Weisman and Babcock get the idea for Battledroids in late Jan/early Feb 1984 after viewing TCI model kits at a trade show
3. FASA licenses several designs from TCI
4. Beginning in January 1985, HG sends cease and desist letters to FASA which are ignored (because FASA believes they have a proper license)
5. In Dec 1991, FASA begins working with Playmates to bring a giant robot toy line (and, eventually, a cartoon) based on BattleTech to market
6. In May 1992, Playmates met with a Japanese company which said they would not be interested in toys based on BattleTech because they used designs already marketed in Japan under the Macross name.
7. Playmates ended their relationship with FASA and begins working on Exo-Squad instead.
8. In 1994, FASA sues Playmates for alleged copyright infringement of BattleTech and loses
9. In 1995, HG and Playmates sue FASA for copyright infringement and win
So, basically, FASA screwed themselves by not properly investigating the licensing of the Macross designs before making a deal with Twentieth Century Imports. If they had, they could possibly have licensed the designs from Harmony Gold and we'd still have the Unseen.
There's also some good info at the
Wikipedia site.
<edit: most of this info has been compiled by Roosterboy, site mainenence guy for classicbattletech.com>