Originally Posted by: Dangermouse 
That will be Marklin defending their trademarks, as they're legally obliged to if they want to keep them. Otherwise they'd also go after the people making replica parts for use in restorations (which are only made because Marklin's own stock dried up decades ago, and it'd make no sense whatsoever to tie up the factory making a pile of parts which might take years to sell). It's because the items have the Marklin logos on, not because they're replicas.
Personally I find the smaller products from "Really Useful Boxes" (yes, that is the name of the company!) are perfect, they make one which I think is intended for pencils but will hold anything up to a couple of 100cm coaches with space for a layer of bubble wrap either side and between them. My restored F800 lives in one with an inner tray made from crumpled and shaped brown paper.
Hi,
You're right in saying that they don't seem to go after people now. There was that court order in the 1990s, but now replica boxes and spare parts are all over the place. Maybe Märklin tolerates some of that, but all of those replicas are still illegal forgeries. On one of my original light blue boxes I've just had a look at (3073), the name 'Märklin' appears 11 times, and the watercolour illustration on the cover is also copyright as well as the design of the boxes. On the red boxes, the name 'Märklin' is also printed many times.
I have seen some DIY boxes without illustrations or Märklin logos that were simply designed to house and protect the locomotive. That's perfectly legitimate, but the Italian producers of the replica boxes don't do that kind of thing because they couldn't make much money with them. The intention of the replica boxes is clearly to create an illusion, and they are often passed off as genuine when they are sold together with an old locomotive.
I'll translate the important points from the German collector's website I have provided a link to above because one of the people writing there is a real authority on Märklin (actually a published author and the organiser of the oldest MRR market in Germany):
- The first replicas of Märklin H0 boxes appeared in Germany in the late 1970s. At first, they were only meant to replace a missing box.
- In the 1980s, Koll said in his catalogue that the original box accounted for about 20 per cent of the value of a boxed locomotive. After that, collectors started being interested in boxes. MRR markets (Tauschbörsen) for H0 only started in the 1970s and became more popular in the 80s. Gauge 0 material was traded before that.
- Apparently, the replica boxes were first made in Germany, then in the Netherlands until a certain Mr B. from Bologna became the dominant player in that market. Those boxes are still made in Italy now.
- Replica boxes for old gauge 0 models appeared at collector's markets over 40 years ago, before the H0 boxes.
- The 'H0 box mania' started in the 1980s, after Koll's announcement mentioned above.
- Replica boxes are even sold by German sellers on Ebay now. Does Märklin tolerate this? Possibly.
- The expert on Märklin who has written the longest entry on that page (Blech) collects gauge 0 or above and does not care about boxes. He says that people who want a specific box risk being deceived, and those who are aware of the fact that they are buying a fake deceive themselves. (I know his name and have googled him: he's written about 20 books on old tin plate toys.)
- In the past, Märklin used to sell replacement boxes, and there is some evidence that they started doing that more than 100 years ago! Original red boxes were still available in the 1960s after the blue ones were introduced, just like spare parts for old locomotives. Not all the red boxes that turned up at MRR markets were fake. Even as late as 1991, boxes could be ordered from Märklin, but obviously they corresponded to the grey or white boxes that were in use then.
* One thing that is not mentioned in the link is that customers who bought a so-called 'Teilesatz' in the 1970s, such as 3063.2, 3073.2 or 3036.3 could order a matching box if they wanted to, but most didn't. I have a 3073.2 in an original box with a cellophane cover from the 70s with a '3073' sticker, and I have seen a couple more on Ebay. As Märklin seems to have a long tradition of providing spare boxes to customers who needed one, they should make those replica boxes, shouldn't they?
Here's the link once again:
Original oder Replika?Anyway, Märklin boxes are an intriguing topic.
Best regards,
Mark
Edited by user 21 October 2014 22:39:45(UTC)
| Reason: added some more information