Instead, they claim that the console's overall popularity means that they hold de facto rights over the shape of the console’s removable side panels: This holds true for the rest of the Cease & Desist letter. You'll note that no particular patent is cited with respect to our alleged infringement relating to Darkplates. Any faceplates that take the form of our client’s PS5 product configuration, or any similar configuration, and are produced and sold without permission from violate our client’s intellectual property rights in the distinctive console design.
First, dbrand is selling faceplates for the PS5 console (in both standard edition and digital edition configurations) that replicate ’s protected product design. It has come to ’s attention that dbrand has been promoting and selling console accessories in a manner that is deeply concerning to our client. We'll let Sony's lawyers speak for themselves: The letter alleged a wide range of complaints, the most significant of which was their objection to us selling Darkplates. Spoiler alert: only two of these are the same. " Re: Objection to dbrand’s Infringement of Sony Interactive Entertainment LLC’s Intellectual Property"īefore we get into the main discussion, a fun fact: did you know that Sony believes our distinctive & original "Illuminati Pyramid / Radiation Hazard / Skull & Crossbones / Angry Robot Head" symbols, engraved inside the Darkplates, infringe on their trademarked button shapes? How the fuck did Squid Game get away with it? Somewhere in between "I accidentally ate my OnePlus 9 Logo skin, do I need to call Poison Control?" and "do u have discount code" was an ominous-sounding subject line from a lawyer-sounding email address. Some months ago, one of our Customer Experience Robots noticed a peculiar email in the [ inbox. an injunction, the destruction, delivery-up and exportation of goods, prohibit the importation of goods, and award damages and accounting of profits, punitive damages, punitive and exemplary damages, interests and costs. law, including injunctive relief against further sale of any infringing materials, destruction of all infringing materials, recovery of our client’s lost profits and damages, and statutory damages of up to $150,000 per infringed work. preliminary and permanent injunctive relief, Court-ordered destruction of infringing materials, and recovery of dbrand’s profits and additional monetary damages. If not, suffice it to say that they threatened us with legal action. Hopefully you'll stick around for the entire ride.
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