The “battle” between Sony and accessory retailer dbrand is entering the next round. After the retailer offered black side plates for the PS5, Sony threatened them with consequences. On October 15, dbrand removed the side plates from their website – only to release a new design now.
What happened so far: Since the release of the PS5, accessory retailers have been trying to offer side plates for the console in various colors. Sony has acted quickly against these providers and has constantly threatened legal action.
This hit, for example, the retailer Customize My Plates, who was already warned by Sony before their products even hit the market.
Most retailers complied with this request and quickly gave up. However, a small, somewhat crazy internet accessory retailer decided to just ignore it. dbrand even went further and deliberately provoked the console manufacturer.
They even spread their designs for black side plates on Twitter, with the slogan: “Get one before Sony’s lawyers do!”
They actively promoted the product, provocatively and at the same time threw in some jabs at Sony’s design. The offer actually managed to last a good 8 months, until Sony decided to take action.
New side plate design is back again and one believes to be safe
What has now happened? On October 15, dbrand responded to a threat from Sony and removed its previous side plate designs from sale. Even here, they couldn’t resist another provocation.
This was apparently already a hint, as just four days later the retailer announced a new design for the PS5 side plates.
This time, they boldly announced that they are safe from Sony’s claims. Because the console manufacturer has set certain conditions that such a product must meet in order not to be considered Sony’s intellectual property.
What points does Sony mention? These are the conditions:
- Immediate and permanent cessation of all marketing and advertising activities for face plates that exhibit the product configuration of the PSS face plates from SIE [Sony Interactive Entertainment] or a similar product configuration, and cessation of global sales of these face plates, including and without limitation all face plates currently for sale at dbrand.com;
- Immediate and permanent cessation of all marketing and advertising activities for products or packaging bearing the PlayStation family brand, the modified Shape trademark design, another PlayStation brand, or any other sign from SIE, as well as cessation of global sales of those products or packaging; and
- Immediate and permanent cessation of the global use of PlayStation brands, similar brands, and other brands, branding, or trademarks associated with SIE or its affiliates, including but not limited to product names, and retraction of that use.
But first take a look at the new design, then you can decide for yourself whether the conditions have been met:
Whether they are actually following these points is up for discussion. dbrand seems prepared for another conflict. The retailer concludes by asking themselves:
Will Sony pursue you [us] legally again? Probably. The difference this time is that we have created an original design for which they have no basis to claim infringement. If they want to try, they better be ready to pay our legal fees.
via theverge.com
Whether this confidence is justified will certainly show in the future. Ultimately, such intellectual property questions are very complex.
The new design is already successful and the first wave of pre-orders is reportedly already sold out.
But what do you think about the topic? Do you believe that Sony is right in this case? Or are you more on the side of dbrand?
