Sony attempting to trademark “Let’s Play”

Sony attempting to trademark “Let’s Play”

File this one under “Dumb Lawyer Tricks.” In a move that can best be described as “misguided,” Sony has attempted to trademark the term “Let’s Play.” In Sony’s Trademark application, filed in October of last year, they describe “their” product as “Electronic transmission and streaming of video games via global and local computer networks; streaming of audio, visual, and audiovisual material via global and local computer networks.” Now, I don’t know about you, but I think I have heard of this kind of thing once or twice before, and I’m pretty sure this guy might know a thing or two about it as well.piewdipie

All joking aside, The U.S. Patent and Trademark Office does not allow the registration of generic words or phrases. The term “Let’s Play” has been in widespread use for streaming videos of gameplay, optionally accompanied by vexatious commentary by a certain Swedish man for many years. If this application were to be granted, it would be easily challenged and overturned with the presentation of proof that the term was already in widespread use.

The USPTO did, in fact, deny Sony’s application, but not on the grounds that the phrase is generic. Instead, the reason given was “Likelihood Of Confusion” with the trademark held by Let’z Play of America, LLC. The strike down was not a “final action,” so Sony will have the chance to regroup and attempt to plead their case once more. Let’s hope common sense prevails on this one, lest Sony rack up anymore ill will (Rootkits anyone?). Now if you’ll excuse me, I’m off to file my trademark applications for “YouTuber”, “HTPC”, and “Sarcasm.”

Sources: USTPO via Justia

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