Delhi man steals PS5 trademark, unknown if this may cause release delays

[rcmaehl]

Summary

The PS5 release in India could be delayed due to the trademark already being registered by someone other than Sony, but media and experts are divided.

 

Quotes

Quote

As gamers....anticipate the release of Sony’s PlayStation 5..., media reports suggest that Indian consumers might have to wait a little longer after a third party was discovered to have applied for the PS5 name. Although legal experts have poured cold water on this suggestion, the discussion is still a pertinent reminder of the importance in protecting brands as early as possible. Sony's console is due to be released...on 12 November 2020. However, the India release date is yet to be officially confirmed. The Mako Reactor has reported that the PS5 trademark was first applied for...by Delhi individual Hiteshi Aswani on 29 October 2019. When the paper reached out to Sony..., a spokesperson for Sony India said: “Thank you for bringing this to our attention, however we have no comments at this stage”. Subsequently, media reports have speculated that the trademark could lead to delays for the console. Attorney Deepak Gogia... is sceptical  about that. “This appears to be highly unlikely," he explains. "Sony has a series of trademark registrations in India starting from PS to PS4, and PS5 is nothing but a legitimate brand extension on Sony’s part." Although Aswani filed his application in October last year, this was “after media reports in 2018 to 2019 about Sony launching its PS5 series”. Seeking to strengthen his legal position, it appears that Aswani has also opposed Sony's trademark applications related to the PS5 in India. Sony's own opposition to Aswani’s trademark states that the company has proprietary rights that have been “unequivocally acknowledged and recognised the world over”. “The brand takeaways from this situation are that international brands should file trademark applications as quickly as possible because India is a jurisdiction which allows applications to be filed on an ‘intent to use basis’,” To pre-empt trademark squatters, many brand owners will file stealth applications in another name or file the application in a relatively smaller jurisdiction to claim priority. Positively, though, trademark squatting isn’t too common in India, believes Ranjan Narula, a partner at RNA IP. Where it occurs, it is seen more often with applications for major brands, with an intention to use the mark in other product sectors.

 

My thoughts

Bwahaha, this is some silly stuff. While I haven't heard of this happening before I'm sure some people have tried. Perhaps this is why the XBox doesn't have a consistent naming scheme, it prevents this kinda of attempted legal abuse. Regardless, I'm sure Sony will get their trademark, one way or another. I think I'll side on the Media with this one, with the on-going pandemic stuff is still slower than normal, that includes the legal system.

 

Sources

Filing (thanks @Spotty)

Kit Guru

Games Radar

World Trademark Review (quote source)

[S w a t s o n]

I assume that no matter what kind of wacky meme laws India has, a court will award it to Sony probably for free/no settlement. They aren't stupid.

[Tristerin]

1 minute ago, S w a t s o n said:

I assume that no matter what kind of wacky meme laws India has, a court will award it to Sony probably for free/no settlement. They aren't stupid.

Cause money = justice

[TetraSky]

Any court would side with Sony on that one. 

No one can use the name "playstation" without violating Sony's trademark. Adding a number to it doesn't change anything.

 

Otherwise, I could just create a brand called "Nintendo 5" and somehow get away with it.

[spartaman64]

8 minutes ago, TetraSky said:

Any court would side with Sony on that one. 

No one can use the name "playstation" without violating Sony's trademark. Adding a number to it doesn't change anything.

 

Otherwise, I could just create a brand called "Nintendo 5" and somehow get away with it.

brb going to trademark geforce rtx 4080

[Sauron]

Not sure about Indian trademark law but, if it's anything like US or the EU law, unless this guy is making game consoles this shouldn't apply anyway:

Quote

Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers.

https://en.wikipedia.org/wiki/Trademark_infringement

[S w a t s o n]

12 minutes ago, Tristerin said:

Cause money = justice

Really not a money issue. The guy is clearly squatting on the name, he's actually in the wrong.

[Spotty]

12 minutes ago, rcmaehl said:

 is sceptical [sic] about that.

12 minutes ago, rcmaehl said:

unequivocally acknowledged and recognised [sic] the world over

Sceptical and recognised are the correct spellings in English.

[S w a t s o n]

1 minute ago, Spotty said:

Sceptical and recognised are the correct spellings in English.

https://dictionary.cambridge.org/dictionary/english/skeptical

 

Lets have a good ol commonwealth argument on spelling

[TetraSky]

11 minutes ago, Sauron said:

Not sure about Indian trademark law but, if it's anything like US or the EU law, unless this guy is making game consoles this shouldn't apply anyway:

https://en.wikipedia.org/wiki/Trademark_infringement

Honestly that has always been a strange thing to me.

Hypothetically: I can trademark a company that makes toys with the name "TryCo". But then some other company comes around, decide they want to use the name as well, as long as they don't make toys, they can somehow use "TryCo" for their brand and products.

But quite frankly, that would just create confusion in the consumers. If someone is looking for my toys but end up finding completely unrelated stuff, like cars, air conditioner or whatever else, this takes away some of my business since they may just give up and find a different brand (and vice versa). It just fucks with the SEO, too.

We are not in the 1950s anymore where most companies are purely local. In a global world, with the internet being a thing, having multiple companies or product type with the name brand just because they don't compete with one another, is a completely foolish concept.

I'm not surprised to hear about copyright/trademark reform being talked about every once in a while, when this sort of stupidity is a thing.

[Sauron]

4 minutes ago, TetraSky said:

But quite frankly, that would just create confusion in the consumers. If someone is looking for my toys but end up finding completely unrelated stuff, like cars, air conditioner or whatever else, this takes away some of my business since they may just give up and find a different brand (and vice versa). It just fucks with the SEO, too.

But at the same time it would be ridiculous to just give out the exclusive right to a word to someone just because they got to the registration office first. A little (and mostly harmless) confusion is a pretty small price to pay to avoid that. Imagine if Apple could enforce their trademark on all markets and not just the one they actively compete in...

[wanderingfool2]

6 minutes ago, TetraSky said:

Honestly that has always been a strange thing to me.

Hypothetically: I can trademark a company that makes toys with the name "TryCo". But then some other company comes around, decide they want to use the name as well, as long as they don't make toys, they can somehow use "TryCo" for their brand and products.

But quite frankly, that would just create confusion in the consumers. If someone is looking for my toys but end up finding completely unrelated stuff, like cars, air conditioner or whatever else, this takes away some of my business since they may just give up and find a different brand (and vice versa). It just fucks with the SEO, too.

We are not in the 1950s anymore where most companies are purely local. In a global world, with the internet being a thing, having multiple companies or product type with the name brand just because they don't compete with one another, is a completely foolish concept.

It's to prevent a small startup from essentially claiming names of common words (and also to prevent the abuse of the name).  e.g. Apple (which wouldn't exist since Apple was already trademarked), would hold the full trademark on the name Apple...so then could start pursuing companies that sell Apple's that use the world Apple in their name (e.g. a local store here is called Golden Apple...that wouldn't be allowed if names had to be different from trademarks).

 

 

In regards to the OP.  I don't know about India's trademark rules, but I agree with others if it is anything like NA's trademarks it will be invalid.

[Tristerin]

22 minutes ago, S w a t s o n said:

Really not a money issue. The guy is clearly squatting on the name, he's actually in the wrong.

Im not on the up and up on Indian law, but if the guy owns the patent then it comes down to a Corporation strong-arming politics.

[Spotty]

Is the guy in India actually using the "PS5" trademark for anything or is he just sitting on it?

 

He's trademarked it for basically all categories concerning video games and children's toys, so I would say it's pretty obvious he was trying to steal the trademark from Sony.

Quote

Trade Marks Journal No: 1937 , 20/01/2020 Class 28

PS5

4332863 29/10/2019

HITESH ASWANID-56, ANAND VIHAR, NEW DELHI-110092

INDIVIDUAL

Address for service in India/Attorney address:

AMANDEEP SINGHPLOT NO.62-63, KHASRA NO.103-104, RAJPUR KHURD EXTENSION, NEW DELHI-110068

 

Proposed to be Used

DELHI

 

COIN-OPERATED ARCADE VIDEO GAME MACHINES; AMUSEMENT MACHINES FOR USE IN AMUSEMENT PARKS OTHER THAN ARCADE VIDEO GAME MACHINES; TOYS; TOY ACTION FIGURES; ELECTRONIC ACTION TOYS; ELECTRONIC GAMES FOR THE TEACHING OF CHILDREN; CARDS FOR TRADING CARD GAMES; MINI-CAR TOYS; TOY MODEL ROCKETS; ASTRONAUT-SHAPED TOYS; HOME VIDEO GAME CONSOLES USED WITH TELEVISIONS; HANDSET CRADLES FOR HOME VIDEO GAME CONSOLES USED WITH TELEVISIONS; GAME CONTROLLERS FOR HOME VIDEO GAME CONSOLES USED WITH TELEVISIONS; PARTS AND ACCESSORIES FOR HOME VIDEO GAME CONSOLES USED WITH TELEVISIONS; JOYSTICKS EXCLUSIVELY FOR USE WITH HOME VIDEO GAME CONSOLES USED WITH TELEVISIONS; PROTECTIVE CARRYING CASES SPECIALLY ADAPTED FOR HANDHELD VIDEO GAMES; WEB CAMERAS EXCLUSIVELY FOR USE WITH HOME VIDEO GAME CONSOLES USED WITH TELEVISIONS; HAND-HELD GAMES WITH LIQUID CRYSTAL DISPLAYS; EARPHONES EXCLUSIVELY FOR USE WITH HAND-HELD GAMES WITH LIQUID CRYSTAL DISPLAYS (TOY EARPHONES); HEADPHONES EXCLUSIVELY FOR USE WITH HAND-HELD GAMES WITH LIQUID CRYSTAL DISPLAYS (TOY HEADPHONES); MICROPHONES EXCLUSIVELY FOR USE WITH HAND-HELD GAMES WITH LIQUID CRYSTAL DISPLAYS (TOY MICROPHONES); KEYBOARDS EXCLUSIVELY FOR USE WITH HAND-HELD GAMES WITH LIQUID CRYSTAL DISPLAYS; MOUSE EXCLUSIVELY FOR USE WITH HAND-HELD GAMES WITH LIQUID CRYSTAL DISPLAYS; MOUNTS EXCLUSIVELY FOR USE WITH HAND-HELD GAMES WITH LIQUID CRYSTAL DISPLAYS.; MOUNTS CONNECTABLE TO AC ADAPTERS AND D-TERMINAL CABLES EXCLUSIVELY FOR USE WITH HAND-HELD GAMES WITH LIQUID CRYSTAL DISPLAYS; PARTS AND ACCESSORIES FOR HAND-HELD GAMES WITH LIQUID CRYSTAL DISPLAYS; MOLDED TOY FIGURES; DOLLS; MODEL TOYS; RADIO CONTROL RECEIVERS AND TRANSMITTERS FOR MODEL TOYS; MOTOR CONTROLLERS FOR MODEL TOYS; DICE GAMES; GAME CARDS; GAME EQUIPMENT; CHESS GAMES; CHECKER SETS; PLAYING CARDS; TRADING CARD GAMES; DOMINOES; CONJURING APPARATUS; BILLIARD EQUIPMENT; CHEST EXPANDERS; GOLF BALL MARKERS; GOLF CLUBS; GOLF BAGS; SURF BOARDS; SKI CASES; SKI BINDINGS; GOLF TEES; PARAGLIDERS; BOWLING BAGS; BOXING GLOVES; RACKETS FOR TENNIS OR BADMINTON; GUTS FOR RACKETS FOR TENNIS OR BADMINTON; RACKET CASES FOR TENNIS OR BADMINTON; ROLLER SKATES; STATIONARY EXERCISE BICYCLES AND ROLLERS THEREFOR; WATERSKIS; BASEBALL GLOVES; ARCHERY BOWS.

http://www.ipindia.gov.in/writereaddata/Portal/IPOJournal/1_4834_1/CLASS_25_-_29.pdf

 

 

Guy probably thinks he can somehow profit off it. He'll be driven in to bankruptcy by legal fees once Sony's lawyers get through with him.

Edited October 9, 2020 by Spotty

[rcmaehl]

31 minutes ago, Spotty said:

Sceptical and recognised are the correct spellings in English.

Our Google overlords say otherwise:
 

[S w a t s o n]

1 hour ago, Tristerin said:

Im not on the up and up on Indian law, but if the guy owns the patent then it comes down to a Corporation strong-arming politics.

You mean the trademark, and just because he has it registered doesnt mean it's valid. It will get struck down in court almost certainly and it will be justice. There's no chance he has a legitimate use for the name PlayStation 5. In other cases where there's someone really using the name and a larger corporation just says fuck you even though you were actually using it validly, that is bad.

 

1 hour ago, Spotty said:

Do you have your browser set to English (US)? That's not the same language as English.

Damn are you really unironically doing this this meme? Australian English isnt English (UK) either.

 

[Mark Kaine]

23 minutes ago, S w a t s o n said:

There's no chance he has a legitimate use for the name PlayStation 5.

why do you keep referring to it as playstation 5? The article just states trademark for "ps5"... unless I missed it in wall of text

[Spotty]

3 minutes ago, Mark Kaine said:

why do you keep referring to it as playstation 5? The article just states trademark for "ps5"... unless I missed it in wall of text

That's correct. The trademark dispute is for "PS5". I linked to the trademark filling in a post above.

Edited October 9, 2020 by Spotty

[Mark Kaine]

Exactly.

[LogicalDrm]

*** Thread cleaned ***

 

Whats with the spelling and meaning of words issue you guys have recently...

[Dabombinable]

10 minutes ago, LogicalDrm said:

*** Thread cleaned ***

 

Whats with the spelling and meaning of words issue you guys have recently...

Not many people outside Australia know that we have our own version of English.

[S w a t s o n]

1 hour ago, Mark Kaine said:

why do you keep referring to it as playstation 5? The article just states trademark for "ps5"... unless I missed it in wall of text

What do you mean "keep referring to it as playstation 5"? I used that term exactly once. Sony owns the trademark on PSX, PS2, PS3, PS4, and now PS5, same shit.

[Bombastinator]

I vaguely remember hearing about this years ago.  Sony would have had time to work something.  They might not have of course.

[Mark Kaine]

1 hour ago, S w a t s o n said:

What do you mean "keep referring to it as playstation 5"? I used that term exactly once. Sony owns the trademark on PSX, PS2, PS3, PS4, and now PS5, same shit.

Not in India!

 

And yes, I think there's a difference, you said he had trademarked "playstation 5" which he has not , apparently.

 

The outcome might be the same, but chances are slightly better with some arbitrary letters and a number than with "playstation5"  

 

 

Also in my humble opinion, "just" would be if the court would grant him the trademark as Sony very well knew they'd have to get this trademark sooner than later, which they seemingly didn't care to do in time.

 

But that won't happen obviously, billion dollar corp in trademark dispute with sole guy from India, the outcome is clear... 

[Bombastinator]

10 minutes ago, Mark Kaine said:

Not in India!

 

And yes, I think there's a difference, you said he had trademarked "playstation 5" which he has not , apparently.

 

The outcome might be the same, but chances are slightly better with some arbitrary letters and a number than with "playstation5"  

 

 

Also in my humble opinion, "just" would be if the court would grant him the trademark as Sony very well knew they'd have to get this trademark sooner than later, which they seemingly didn't care to do in time.

 

But that won't happen obviously, billion dollar corp in trademark dispute with sole guy from India, the outcome is clear... 

My memory is Sony was slow releasing its name and several “businessmen” from various countries shotgun trademarked various similar terms.  Much like that guy who spent years trademarking various potential renames for the Kansas City chiefs.  He apparently trademarked hundreds. The result for that one seems to be he wants so much money for one of “his” names that one possible winner is going to be the Kansas City redtails because it was the name of a world war 2 fighter group and the dude couldn’t trademark it