About the sueing thing... Only the holders of the copyright can sue for infringement. I sincerly doubt that BanDai has copyrighted each and every one of their tamagotchi characters, which is why we see them on fakes. They also probably didn't copyright an egg-shaped virtual pet. What they probably have copyrighted is the tamagotchi name and any advanced techie stuff their company has developed. We see fakes with the word tama and tamagatchi, or some variation, but it's not technically infringing. As long as a company changes a certain number of things about a similar product then it's not infringement. And about the sellers themselves calling the products tamagotchi, nothing we can do about that either. Do you call all facial tissues Kleenex? And all colored wax sticks Crayons? It's the same thing. When a brand is the most popular it's name generally becomes a blanket for all like products. But that's just my two cents on the matter.
~Rosie
~Rosie