SONY USING BULLY TACTICS TO COVER
UP PLAYSTATION PORTABLE LAUNCH MISTAKES
Legal Action Taken Against
Importers Despite Failure To Secure Vital Trademarks
PSP®, UMD® and XMB® Trademarks Are
Not Actually Owned By Sony Computer Entertainment and Could Result in Further
Launch Delays
ElectricBirdLand Limited today hit
back at videogames giant Sony Computer Entertainment’s warnings over legal
action regarding imports of the company’s new console – the Playstation Portable
(PSP).
Internet-based retailers selling the
new PSP console – which can play games, music and films and is set to rival the
Apple iPod – have all received Cease and Desist orders from solicitors
representing Sony Computer Entertainment. The company is claiming infringement
of Trade Mark despite its failure to secure vital Trade Marks in Europe.
The Cease and Desist orders refer
only to the ‘PlayStation’ trademark, hiding the fact that key technologies,
trademarks and software utilised in Sony’s new portable gaming platform have not
even been registered by Sony. Furthermore, research shows that these trademarks
and technologies are owned by or being contested by Sony’s rivals.
This includes trademarks for the
name PSP (a trademark currently registered by Owtanet Limited in 2000), UMD
(Universal Media Disks – Sony’s proprietary optical storage solution – which is
owned by Olympus Corporation and being opposed by AMD), and XMB (a PSP operating
system component which is used with all PSP packaging which has not yet been
registered as a trademark).
Sony’s failure to secure these
trademarks could potentially lead to further delays to the European launch of
the PSP, or could result in the costly re-branding of a product which has
already proved to be a hit in the US and Japan. It could also mean the start of
another embarrassing legal case for Sony Computer Entertainment.
A US federal jury recently ruled
that Sony must pay over $90 million in damages to Immersion Corporation for
violating "haptic feedback" patents – patents which refer to the technology used
in Playstation 2 ‘Dual-Shock’ controllers.
"Sony Computer Entertainment is well
known for fudged product launches and this is another perfect example,"
explained Dan Morelle, Managing Director, ElectricBirdLand. "The threat of legal
action is not because Sony is concerned about the impact that small importers
like us will have on its brand or sales – it’s simply because of their inability
to implement something so vital to the success of its new product."
The PSP console was initially
launched in Japan in December 2004 and in the US in March 2005. Although the
European launch was also expected to take place in March, this has been pushed
back to September 2005 with manufacturing and supply shortages cited as the key
reason.
The launch is now 6 months behind
schedule and gamers are desperate to get their hands on the new product. This
has allowed importers such as ElectricBirdLand to establish a profitable
business on the back of Sony’s failure to bring their new platform to market
within acceptable timeframes.
"The PSP is set to become the
Walkman of the 21st Century and the overwhelming consumer interest we are
experiencing is testament to this," Morelle continued. "We are not trying to
belittle the Sony brand or damage any future sales as demand for the product is
so great. All we offer is the one thing Sony has failed to do, and that is to
give the customer exactly what they want, when they want it."
About ElectricBirdLand Limited:
Established in 2002 by gaming entrepreneur Dan Morelle, ELECTRICBIRDLAND has
fast become the UK’s leading importer of games consoles, games and accessories
from the USA and Japan. Current clients include top games developers, game
designers and divisions within Sony Computer Entertainment. This includes Sony
Computer Entertainment Europe and Sony DADC.
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