So, what would happen if sony does get the trademark "lets play"?
Apart from the backlash, what would sony gain if this would happen?
[QUOTE=Mkt778;49490050]One step forwards, two steps back.[/QUOTE]
One step forwards, one massive nosedive back.
[QUOTE=Makzu;49490288]So, what would happen if sony does get the trademark "lets play"?
Apart from the backlash, what would sony gain if this would happen?[/QUOTE]
I don't know exactly how trademarks work, but maybe it'll let Sony legally demand a cut of profits from letsplayers.
[QUOTE=Makzu;49490288]So, what would happen if sony does get the trademark "lets play"?
Apart from the backlash, what would sony gain if this would happen?[/QUOTE]
No one can use let's play or they get sued or charged money to use it.
[QUOTE=DELL;49490368]No one can use let's play or they get sued or charged money to use it.[/QUOTE]
It's also very likely that nothing will happen at all.
Sony trademarked it so that other big companies won't trademark it. Maybe Sony plans to use the term themselves, and therefore they want to make sure they're allowed to.
I seriously doubt they'll be doing anything against let's players.
I was under the impression that fisher price already had control of that? they had adverts going back to 2005 with "let's play" for their toys.
How about don't trademark it and just use it like anyone else, no need to be a dickless wonder about it.
Isn't this like King trying to trademark "saga"?
[QUOTE=Grandzeit;49490678]How about don't trademark it and just use it like anyone else, no need to be a dickless wonder about it.[/QUOTE]
Someone would eventually trademark it either way.
We just have to hope that Sony doesn't plan on fucking people over with it.
I hope somewhere out there a superior civilization is watching us and laughing at us trying to own words and ideas.
Say Sony did get the trademark, would it retroactively effect existing LP videos?
[QUOTE=Cushie;49487935]Idk isn't that pretty out of context though?
They did so because as soon as their games became popular, 10 billion clones of 'candy xx' or 'xx saga' started popping up.[/QUOTE]
Yeah sure, and unicorns fly, didn't King sue the banner saga's developers for containing the word saga or something?
[QUOTE=GordonZombie;49490724]Say Sony did get the trademark, would it retroactively effect existing LP videos?[/QUOTE]
There's nothing indicating it would affect LP videos at all.
[QUOTE=Passing;49490656]I was under the impression that fisher price already had control of that? they had adverts going back to 2005 with "let's play" for their toys.[/QUOTE]
afaik trademarks apply to specific markets. For example, Candy Crush Saga didn't trademark the word saga, they trademarked the word saga [I]as it applies to mobile games.[/I] So Fisher Price would have the trademark on the term "Let's Play" for children's toys, but that does not apply to video games or youtube videos unrelated to children's toys.
[QUOTE=Cushie;49487935]Idk isn't that pretty out of context though?
They did so because as soon as their games became popular, 10 billion clones of 'candy xx' or 'xx saga' started popping up.[/QUOTE]
so thats why they immediately went after the banner saga series with it
and also the fact candy crush saga is a copy of someone elses game, and [URL="http://metro.co.uk/2014/02/13/candy-crush-saga-makers-to-sue-game-they-copied-4303096/"]they decided to sue them after they got hte copyright[/URL]
[QUOTE=Mort Stroodle;49490897]afaik trademarks apply to specific markets. For example, Candy Crush Saga didn't trademark the word saga, they trademarked the word saga [I]as it applies to mobile games.[/I] So Fisher Price would have the trademark on the term "Let's Play" for children's toys, but that does not apply to video games or youtube videos unrelated to children's toys.[/QUOTE]
is it possible that sony's trademark on let's play can only apply to features and services they offer on playstation consoles then, e.g. sony can have a "let's play" button on the playstation 5 but microsoft and nintendo can't
The Trademark was refused. It was too similar to a trademark held by a website owned by Dr. Pepper that's part of a program that encourages kids to play outside called [url=http://www.letsplay.com/]Let's Play.[/url]
[quote=US Patent Office][B]Section 2(d) Refusal: Likelihood of Confusion[/B]
Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 4459011. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the enclosed registration.
Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely a potential consumer would be confused, mistaken, or deceived as to the source of the goods and/or services of the applicant and registrant.
...
Comparison of the Marks:
[B]The registered mark is LP LET’S PLAY plus design. The applied-for mark is LET’S PLAY.[/B]
...
Applicant’s services are related to registrant’s because they both offer online services to video game enthusiasts. The trademark examining attorney has attached evidence from the USPTO’s X-Search database consisting of a number of third-party marks registered for use in connection with the same or similar goods and/or services as those of both applicant and registrant in this case. This evidence shows that the goods and/or services listed therein, transmission and streaming of games and audio, visual and audiovisual material and on-line game services, are of a kind that may emanate from a single source under a single mark. See In re Aquamar, Inc., 115 USPQ2d 1122, 1126 n.5 (TTAB 2015) (citing In re Mucky Duck Mustard Co., 6 USPQ2d 1467, 1470 n.6 (TTAB 1988)); In re Albert Trostel & Sons Co., 29 USPQ2d 1783, 1785-86 (TTAB 1993); TMEP §1207.01(d)(iii).
Accordingly, the services are closely related.
[B]Conclusion:
On balance, because the marks are highly similar and the services are closely related, consumer confusion is likely. Accordingly, registration is refused under Trademark Act Section 2(d).[/B]
[/quote]
[url=http://tsdr.uspto.gov/documentviewer?caseId=sn86801899&docId=OOA20151229112407#docIndex=0&page=1]Full Statement from the Patent Office here[/url]
Sony can technically appeal, but it is extremely unlikely that they will get a trademark without changing the name.
dr pepper saves gaming again
thanks dr pepper for being the superior soda
Note how Dr. Pepper's Trademark was stronger BECAUSE it also included logo design. Yeah, a trademark is a phrase + design, something companies keep forgetting.
[QUOTE=TheRealRudy;49495145]terms like "let's play" and "gamers", the whole act of being " a gamer" just makes me wanna vomit, it's so cringy[/QUOTE]
Why would "let's play" make you cringe? It's just a name given for a specific kind of gameplay video.
If sony trademarked it, they'd prevent other big companies from using it(NOT youtube and other such media, they'd get a lawsuit against them more than likely for that) and encourage such behavior with their software.
They can't really legally demand money from LPers or sue them. They can use it to encourage people to "Create Lets Plays with the new PS4 Chapter Streamer!!!" or some other such thing.
[editline]9th January 2016[/editline]
[QUOTE=michaeldim;49494559]The Trademark was refused. It was too similar to a trademark held by a website owned by Dr. Pepper that's part of a program that encourages kids to play outside called [url=http://www.letsplay.com/]Let's Play.[/url]
[url=http://tsdr.uspto.gov/documentviewer?caseId=sn86801899&docId=OOA20151229112407#docIndex=0&page=1]Full Statement from the Patent Office here[/url]
Sony can technically appeal, but it is extremely unlikely that they will get a trademark without changing the name.[/QUOTE]
thats incredibly goofy, trademarks in the past haven't stopped others of the same name when in quite different areas. Especially because Dr Pepper hasn't used that in ages afaik
[editline]9th January 2016[/editline]
[QUOTE=simkas;49495254]Why would "let's play" make you cringe? It's just a name given for a specific kind of gameplay video.[/QUOTE]
popular fads cringe me, too because they're popular!
[QUOTE=Map in a box;49495832]If sony trademarked it, they'd prevent other big companies from using it(NOT youtube and other such media, they'd get a lawsuit against them more than likely for that) and encourage such behavior with their software.
They can't really legally demand money from LPers or sue them. They can use it to encourage people to "Create Lets Plays with the new PS4 Chapter Streamer!!!" or some other such thing.
[editline]9th January 2016[/editline]
thats incredibly goofy, trademarks in the past haven't stopped others of the same name when in quite different areas. Especially because Dr Pepper hasn't used that in ages afaik
[/QUOTE]
[img]http://vgy.me/nEB6Z6.png[/img]
I found it on a bottle I bought.
I have literally never seen that on my DP bottles, impressive pushing of it DP.
[editline]9th January 2016[/editline]
especially because that one has NOTHING to do with videogames
Reminds me of a certain company handing out a DMCA for the word 'saga' being in another game's title.
I don't understand,
You can trademark commonly used terms?
[QUOTE=Rangergxi;49498974]I don't understand,
You can trademark commonly used terms?[/QUOTE]
You can trademark anything that's related to your brand.
For instance, Cadbury trademarked Pantone colour 2685-c
[t]http://i.imgur.com/al4rTN2.jpg[/t]
Now no other company [b]that manufactures chocolate or any sort of similar product[/b] is allowed to use that exact shade of purple on their packaging. That's how trademarks work, they're just to help protect brand identities which is good for companies and consumers alike.
[QUOTE=TheRealRudy;49495145]terms like "let's play" and "gamers", the whole act of being " a gamer" just makes me wanna vomit, it's so cringy[/QUOTE]
I find posts like this cringy. Oh no, people are enjoying a medium and have formed communities around it.
[QUOTE=eirexe;49490735]Yeah sure, and unicorns fly, didn't King sue the banner saga's developers for containing the word saga or something?[/QUOTE]
[QUOTE=Wii60;49491276]so thats why they immediately went after the banner saga series with it
and also the fact candy crush saga is a copy of someone elses game, and [URL="http://metro.co.uk/2014/02/13/candy-crush-saga-makers-to-sue-game-they-copied-4303096/"]they decided to sue them after they got hte copyright[/URL][/QUOTE]
Don't think they 'went after' the banner saga, they just disputed the trademark claim as it was going to be a mobile game with saga in the name.
Secondly I'm pretty sure in both the banner saga and Candy Swipe disputes were settled with both sides being amicable (I believe after it was somehow proven that Candy Crush was named/designed before Candy Swipe came out)
Also in the case of Candy Swipe , their legal action was a counter attack to the owner of Candy Swipe filing disputes against them.
[QUOTE=Aredbomb;49488133]Youtube got rid of the 10-minute time limit ages ago.[/QUOTE]
5 10 minute videos watched in succession will give you better hits on analytics than 1 50 minute video watched wholly.
Just an update, their attempt to trademark "Let's Play" has been rejected. You can read more about it here, on the Let's Play subreddit.
[url]https://www.reddit.com/r/letsplay/comments/42zlw2/we_did_it_reddit/[/url]
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