if this is how strict they're gonna get about their shapes trademark for their buttons and not to mention that dbrand's version is in fact distinctive you know the biohazard symbol right here like that is inherently a circular symbol and the skull with the exponents here like that's been a common symbol for as far as i can remember their designer different enough that i would say this is nowhere close to being comparable and d brand once again gets cheeky by saying spoiler alert only two of these are the same it's the two that aren't us which honestly i do agree with dbrand then brings up a specific quote from the seize and assist letter that they were handed by sony it has come to sony's attention that dbrand has been promoting and selling console accessories in a manner that is deeply concerning to our client first the brand is selling faceplates for the playstation NUMBER_TOKEN console in both standard edition and digital edition configurations that replicate sony's protected product design any face plates that take the form of our clients psNUMBER_TOKEN product configuration or any similar configuration and are produced and sold without permission from sony violate our client's intellectual property rights in the distinctive console design and dbrand looks at this quote and immediately says that there is no particular patent cited with respect to our alleged infringement relating to dark plates they claim that the console's overall popularity means that they hold the de facto rights over the shape of the console's removable side panels and here's another quote that corroborates what d brand is saying here thanks to our clients extensive marketing of the psNUMBER_TOKEN console its commercial popularity and its massive earned media coverage the console's unique product configuration including without limitation the two vertical faceplates has become exclusively associated with sony in the minds of consumers and has come to symbolize considerable goodwill the psNUMBER_TOKEN console design together with the playstation word marks and logos the playstation marks and dbrand once again brings up that no patent is actually cited sony did not inform us of any issued patents in their seas and assist letter they did cite pending patent applications which is different if it's pending it means that it's still not in place and until then it just doesn't apply and here's a direct quote from sony seasoned assist ladder proving this sony owns pending applications for the design of the playstation NUMBER_TOKEN console that are proceeding in jurisdictions around the world and then dbrand notes that sony acknowledged how dbrand baited or dared sony to sue them here's a direct quote from the seasoned assist notwithstanding sony's serious concerns about dbrand's conduct and despite your company's adaptation of the tagline go ahead and sue us presumably with sony in mind sony would like to offer d brand the courtesy of resolving this matter without the initiation of formal legal action so there's the threat take those black plates down and resolve this peacefully or formal legal action will be taken we will begin proceedings or as zbrand put it it's lawyers speak for stop selling dark place or we're gonna sue you which yeah it's pretty much what it is dbrand then essentially says putting aside the fact that the patents are currently pending for sony we decided to approach this from another angle the angle of shouldn't organizations be allowed to sell replacement parts for the
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