When Sony first revealed in a PlayStation 5 (PS5) breakdown video that the hardware's large white plates could be removed, it came as no surprise that there would be a market for replacements.
Something more of a surprise, however, was the virtually instantaneous creation of a third party plate manufacturer, first named "PlateStation 5", before being renamed "Customize My Plates".
Less surprising was Sony's similarly instantaneous decision to take legal action against the company.
Intellectual property protection is like spinning plates...in Virtual Legality.
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Discussed in this episode:
"PS5: Third-Party Company Already Selling Custom Faceplates" IGN - October 23, 2020 - Adam Bankhurst https://www.ign.com/articles/ps5-third-party-company-already-selling-custom-faceplates
Customize My Plates Product Page https://www.customizemyplates.com/collections/all-products
"Those asking why the name and website was changed - we made the move to respect trademark and copyright claims." Tweet - October 29, 0220 - Customize My Plates (@customizeplates) https://twitter.com/customizeplates/status/1321893679213268993
"PS5 faceplate seller is now cancelling all orders following ‘legal action from Sony’" VGC - November 1, 2020 - Andy Robinson https://www.videogameschronicle.com/news/ps5-faceplate-seller-is-now-cancelling-all-orders-following-legal-action-from-sony/
"Help us out, Hoeg!" Tweet - November 1, 2020 - iconmaster (@iconmaster) https://twitter.com/iconmaster/status/1323002987262955522
"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 - Bijal Vakil https://www.whitecase.com/publications/article/design-patents-growing-trend-hardware-space
"Brand Protection: Looking Beyond Trademarks to A Broader Arsenal of Intellectual Property Tools" Folely & Lardner - February 15, 2019 - Laura Ganoza and Hannah Lutz https://casetext.com/analysis/brand-protection-looking-beyond-trademarks-to-a-broader-arsenal-of-intellectual-property-tools
"Additional remedy for infringement of design patent" 35 USC 289 https://www.law.cornell.edu/uscode/text/35/289
"Patent Pending: Definition, Benefits and Warning" OC Patent Lawyer Blog - July 24, 2019 - James Yang https://ocpatentlawyer.com/patent-pending-definition-benefits-warning/
"Contents and term of patent; provisional rights" 35 USC 154 https://www.law.cornell.edu/uscode/text/35/154
"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=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
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.
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