Not all days we publish judicial news, but this case deserves it because a company located in China has tried to register the famous PlayStation controller symbols, that is, the triangle, square, the x, and the slightly modified circle. However, the European Union, specifically the European Union Intellectual Property Office (EUIPO), has denied this, so everything will remain as it is.
The EUIPO ruled in favor of Sony in a dispute where a Chinese company wanted to register the symbols we see on PlayStation controllers. Below is the image that the European Union has denied because they are “visually similar” to those seen on Sony’s console controllers. Authorities point out that PlayStation enjoys popularity in Europe that is associated with these symbols, which they refer to as a “mental link.”
In this way, the Chinese company would benefit from the notoriety that Sony has if they were able to publish these logos as their own. On the other hand, PlayStation presented evidence to the EU of the prolonged use of these symbols in terms of sales, social media, marketing, etc (via Baylos). For this reason, the EUIPO ensured that three requirements of article 8.5 of the RMUE were met: similarity of the signs, notoriety of the previous mark, and risk of unfair advantage.
PlayStation wins a legal battle over the symbols of their controllers
These are the symbols that the Chinese company wanted to register
This is how the Intellectual Property Office justifies its decision. “The signs are visually similar, at least to a high degree. Considering the high similarity of the signs and the significant renown demonstrated by the opponent regarding the mentioned products, consumers will easily establish a mental link between the products,” they explain (via source).
In 3DJuegos | Intel could have earned billions by manufacturing the PS6, but lost the deal due to a dispute over profits with Sony
In 3DJuegos | You can now play for free the 13 Extra and Premium PlayStation Plus games of September 2024 on PS4 and PS5
