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[–] 3828421? 1 points 42 points (+43|-1) ago 

This is fraud, as far as I'm concerned. Companies that try to pull this shit should face huge penalties for trying to own something they didn't create.

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[–] BoozeytheClown 1 points 11 points (+12|-1) ago  (edited ago)

I agree. The penalty should be that consumers turn their back on Sony and let it be known that it is because they made an asshole maneuver like this.

Customer service is dead and pleasing the purchaser is a philosophy long gone. Companies want to advertise that they are doing good things for people and the world as a whole but it's just window dressing. There isn't a corporation left in the world that wouldn't screw over their own children to make an extra nickle.

Ed: I would pay slightly higher prices gladly for the chance to do business with a company that was genuine, upfront and honest and as loyal to me as they would like me to be to them.

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[–] Jamie_Dodgems 0 points 6 points (+6|-0) ago 

You're acting like screwing over the customer isn't something we've had to deal with ever since humanity first got the idea of exchanging money for goods and services.

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[–] the_magic_man 0 points 0 points (+0|-0) ago 

Truth is, pretty much no one gives a fuck.

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[–] reddraggon 0 points 2 points (+2|-0) ago 

yeah... I was trying to figure out why this sounded like ass. you can't copyright what's already there you fucking greedy morons

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[–] Broc_Lia 0 points 0 points (+0|-0) ago 

Trademarks don't have to be 100% original afaik.

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[–] 3833624? 0 points 0 points (+0|-0) ago 

They should be 1% original at least.

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[–] VoutGuy 1 points 19 points (+20|-1) ago 

Let's play this sick beat!

Two lawsuits.

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[–] Gigan 1 points 15 points (+16|-1) ago 

That's weird, because it's a term that evolved on its own in the gaming/YouTube culture. Sony didn't have anything to do with its creation.

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[–] CobraStallone 0 points 5 points (+5|-0) ago 

a term that evolved on its own in the gaming/YouTube culture

Yeah like, two kids and a ball beat YouTube and gaming by hundreds of years on that one I think.

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[–] Gigan 0 points 0 points (+0|-0) ago 

The phrase "let's play" being used as a noun is a new phenomenon.

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[–] CaveChicken 2 points -2 points (+0|-2) ago 

The connotation is completely different though. "Let's play" the statement has been around for centuries. "Let's play" the term/genre is a fairly new phenomenon, and to equate those two things would be disingenuous at best and ignorant at worst.

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[–] SkepticalMartian 1 points 3 points (+4|-1) ago 

Trademarks are not patents or copyright. You don't have to be the person to coin the phrase in order to trademark it.

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[–] Totenglocke 0 points 8 points (+8|-0) ago 

I'm going to trademark the words play, box, station, the letter x, and making a logo of a stylized piece of fruit. I'd make a fortune.

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[–] Gigan 0 points 3 points (+3|-0) ago 

So I could trademark it?

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[–] 3836827? 1 points -1 points (+0|-1) ago  (edited ago)

A potential trademark may be classified as (1) generic, (2) descriptive, (3) suggestive, or (4) arbitrary or fanciful.

A term is generic when it is considered the common name for a product or service in its class. For example, a car is a car, and nobody can trademark the term "car" with respect to a car.

A term is descriptive when it is considered a plainly descriptive name for the product or service. For example, the term "Vision Center" was considered descriptive of a location that dealt primarily with vision related products.

A term is considered suggestive when it suggests, rather than describes, some particular characteristic of the goods or services to which it applies and requires the consumer to exercise the imagination in order to draw a conclusion as to the nature of the goods and services. One example of this is "Coppertone" sun tan lotion -- it suggests the copper tone of skin you'll have after sun tanning.

Finally a term is considered fanciful when it does not have any connection to the product or service in question.

A generic term can never attain trademark protection. Further, a previously trademarked term that becomes generic may lose trademark protection. This occurred with the term "Aspirin" and "Cellophane". They were found to have become generic, and thus trademark protection was cancelled.

A descriptive term generally cannot be protected by trademark protection. They may become valid marks, however, by acquiring a secondary meaning in the minds of the consuming public.

A suggestive term generally can be protected by trademark protection without any requirement to prove a secondary meaning.

A fanciful term is is the easiest to defend, as it has no common meaning relating to the good or service except the one you have prescribed it. One example of this is the term "Kodak" referring to cameras.

In this case, "Let's Play" is a generic term referring to the entire product category of streaming video. Sony did not create the term, it is not currently a leader in the term. There are presently 15 million videos on youtube with the term "Let's Play" in the title.

Sony is clearly in the wrong, and should not have been granted the trademark to the phrase "Let's Play" relating to streaming video.

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[–] Torchhead 2 points 8 points (+10|-2) ago 

In other words, Sony is a patent troll.

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[–] Broc_Lia 0 points 3 points (+3|-0) ago 

*IP Troll

But the spirit is correct.

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[–] BeautifulInside 0 points 1 points (+1|-0) ago 

Amusingly this is how they entered vidya.

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[–] SkepticalMartian 5 points -1 points (+4|-5) ago  (edited ago)

Repeat after me: A trademark is not a patent.

Trademark is brand identity protection.

A patent is Invention protection.

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[–] Skeletor 1 points 3 points (+4|-1) ago 

Soooo Sony is a trademark troll.

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[–] Broc_Lia 1 points -1 points (+0|-1) ago 

Neither are protections, they're monopolies

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[–] Laurentius_the_pyro 1 points -1 points (+0|-1) ago 

Sony is a trademark troll

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[–] profanion 0 points 3 points (+3|-0) ago 

And how is that trademark useful to them and customers?

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[–] barset 0 points 5 points (+5|-0) ago 

Well... In theory they have the financial power and tech to start up their own streaming service and start wrangling in some of those Google dollars the let's play tools get from YouTube by taking their trademark phrase and blackmailing them into coming over to their side and basically becoming Sony employees.

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[–] Alpha_Machine [S] 0 points 3 points (+3|-0) ago 

I say 'may' because I don't know if this 100% certain.

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[–] fcsuper 0 points 2 points (+2|-0) ago 

McDonalds has "I'm lovin' it'. There's no mechanism for the public to comment on proposed trademarks.

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[–] Psycs 0 points 7 points (+7|-0) ago  (edited ago)

There is. It is called a letter of protest. "A letter of protest is an informal procedure that allows third parties to bring to the attention of the USPTO evidence bearing on the registrability of a mark. "

You can read about here: http://www.uspto.gov/trademark/trademark-updates-and-announcements/letter-protest-practice-tip

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[–] 3836851? 0 points 0 points (+0|-0) ago 

I confirmed on the uspto site that the registration is there.

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[–] Psycs 1 points 2 points (+3|-1) ago  (edited ago)

It is true. What an asshole move by Sony. I am sure that the gaming press would love to get hold of this!

However, the application has been issued a preliminary refusal by the USPTO for being similar in appearance, sound, connotation, and commercial impression to a previously registered trademark: LP LET'Z PLAY & Design.

You can see the mark here: https://sli.mg/rCPWUz

Sony will now have to argue that the marks are sufficiently dissimilar as to not cause confusion or take so other action.

The mark was not issued a preliminary refusal for being generic or descriptive of "streaming of video games." It would be interesting to have people file letters of protest with the USPTO:

http://www.uspto.gov/trademark/trademark-updates-and-announcements/letter-protest-practice-tip

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[–] 3851654? 0 points 1 points (+1|-0) ago 

Haha, fuck you, Sony. I love my PS4 but... fuck you.

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