Dbrand Delisted: Sony PS5, Darkplates and Design Infringement (VL561)

Added by Tiger21820 MASTER!! » October 18th, 2021, 16:57


It's not deja vu, it's just another PS5 plate seller yielding to legal threats from Sony. This time, dbrand, the maker of "Darkplates", is the company in question. But both dbrand and previously targeted manufacturer "Customize My Plates" have some *very* interesting things to say about why they've done what they've done.

Join us for a discussion of industrial design, ornamentation, product configuration, and trademarks, as we look through reddit posts, redacted legal letters and more.

We've got plenty of ornamentality, but it's primarily limited to the Christmas season...in Virtual Legality.

#dbrand #DarkPlates #PS5

***
SUPPORT THE CHANNEL

PATREON - https://www.patreon.com/VirtualLegality
STREAMLABS - https://streamlabs.com/richardhoeg
STORE - https://teespring.com/stores/hoeg-law-store

***
CHAPTERS
00:00 Introduction
02:05 Poking the Bear
03:30 Pulling Down the Store
05:42 PlateStation version 2
08:28 Understanding Design Patents
16:15 Sony's Cease and Desist Letter
29:25 Dbrand Responds
33:26 Aftermarket Parts and Product Configuration
43:08 Conclusion

***
Discussed in this episode:

"Dbrand Dares Sony to Sue Over Its New Black Faceplates for the PS5"
Gizmodo - February 12, 2021
https://gizmodo.com/dbrand-dares-sony-t ... 1846258088

"Dbrand pulls its PS5 Darkplates from sale after Sony threatens legal action"
The Verge - October 16, 2021
https://www.theverge.com/2021/10/16/227 ... gal-action

"SONY: Plate Has Its Limits (Legal Threats Against Plate Customizer) (VL350)"
YouTube Video - November 2, 2021 - Hoeg Law
https://youtu.be/QzsgBhjZ0E8

"PS5 Custom Plate Maker Returns After Cancelling All Previous Orders"
IGN - January 20, 2021
https://sea.ign.com/news/167871/ps5-cus ... ous-orders

USPTO Website
https://www.uspto.gov/ip-policy/patent- ... al-designs
https://www.uspto.gov/patents/basics/ty ... tion-guide
https://www.uspto.gov/page/about-trademark-infringement

"Patents for designs"
35 USC 171
https://www.law.cornell.edu/uscode/text/35/171

"Design patents: a growing trend in the hardware space"
White and Case - July 29, 2019
https://www.whitecase.com/publications/ ... ware-space

"Industrial designs guide"
Canadian Government Website
http://www.ic.gc.ca/eic/siTe/cipointern ... _cxt=learn

"Contents and term of patent; provisional rights"
35 USC 154
https://www.law.cornell.edu/uscode/text/35/154

Sony Cease and Desist Letter (dbrand)
https://s3.documentcloud.org/documents/ ... dbrand.pdf

"Darkplates are dead. Thanks, Sony."
Reddit Post - October 16, 2021
https://www.reddit.com/r/dbrand/comment ... anks_sony/

"OEM Trademarks in the AfterMarket: Exploring the Boundaries"
IP Watchdog Website - September 19, 2018
https://www.ipwatchdog.com/2018/09/19/o ... id=101163/

***
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=P ... K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

***
Twitter: @hoeglaw
Web: hoeglaw.com

***
DESIGN WORK
Joe Ellis (Logo Design)
Chris Leroux (Motion Graphics)
For more information: contact Chris at @Chrisleroux on Twitter.

PODCAST VERSIONS ALSO AVAILABLE

Watch on YouTube
Added by: Tiger21820 MASTER!!
Total videos: 388 (Show all)
Views: 8
Duration: 45:16

Links

Copy
Copy
Copy

[flash] is ON
Copy

This video has no comments!

Return to Video Gallery