Dbrand pulls its PS5 Darkplates from sale after Sony threatens legal action

1 : Anonymous2021/10/16 07:03 ID: q96w8n
Dbrand pulls its PS5 Darkplates from sale after Sony threatens legal action
2 : Anonymous2021/10/16 07:05 ID: hgu2v8o

Didn't they dare Sony to sue them?

ID: hgu6aio

Weird marketing lol

ID: hguqqga

That basically is their marketing.

They always do these type of marketing stunts. They sold a skin for the Nintendo Switch based on the animal crossing theme, for people who couldn't get one, or already had a regular to decorate it and called it (not) Animal Crossing. I bought it for my gf since she loved it but could never get one since we already have a switch (+ it was sold out everywhere). Their website states:

Is it copyright infringement? Lawyers we paid to say "no" said "no." Lawyers not on our payroll disagree. That's the exact gray area we're counting on to get loads of free lawsuit-related press.

So yea. I mean it's kinda funny watching them, how they do such stuff that's kinda copyright infringement, provoke companies, even tho they know they would lose. But at the same time, it's good for us customers since we get something, we normally couldn't/wouldn't.

ID: hguedy7

Earlier this year, Dbrand started selling matte black PS5 side plates that it called Darkplates, and when it did, it baited Sony right on the product’s info page to “Go ahead, sue us.”


ID: hgv3jub

“What are you gonna do? Sue me?”

last words by company sued to death

ID: hgv53d1

Quote from man stabbed: “What are you gonna do, stab me?”

ID: hguekb0

Sony be like "Ok, I will"

ID: hgu8le7

Yea... all an act huh?

ID: hgu645w

I can imagine their legal team going “WAIT YOU SAID WHAT???”

ID: hguf2yx

They probably couldn't get an attorney to take the case. lol

ID: hguc5y8

Yeah they were pretty cocky. They called Sony's design a "monumental achievement of bad design" and their page talked about them getting a Nobel prize for it. I get that it's a joke but they had a pretty big attitude when all they did was paint/make some black panels and charge 50 bucks for it

ID: hguiijt

they made pretty much near perfect molds of the normal white plates and made them black with their own branding inside. and wait untill you see how much Sony is gonna charge with theirs if you think 50 is alot

ID: hguxftm

So why are they getting sued over a generic black piece of plastic?

ID: hgu8cj8

Yes .. lol

ID: hgv9qqe

I got a phone cover from them a few years ago and I constantly get edgy emails from them, like "DONT OPEN THIS EMAIL". Well ok then...

ID: hgus66h

This is all a marketing scheme

They make money selling the black plates until Sony threatens to sue them

Then they get 2-3 free days of press talking about Sony suing them

People will get curious and google DBrand (if they didnt know who they were in the first place)

Free advertising!

ID: hgujmku

They have the cringiest marketing I’ve ever seen. IIRC one time they told a bunch of customers to go fuck themselves or something as a le epic joke, then the actual managers at the company had to come out and apologize

ID: hguo06l

I bought some and posted the end result to the dbrand subreddit and their own marketing account just answered "thanks for the money", so yeah, kinda cringe.

3 : Anonymous2021/10/16 07:19 ID: hgu3v1b

Wonder if this means Sony is gonna sell their own soon

ID: hgu5cpo

Sell a black edition whole console*. They know people want solid black more than white so they put it out 2nd. Probably under some silly tag like "midnight edition"

ID: hgu60i0

I don't think Sony is struggling to sell white PS5s

ID: hgvhyx5

That's funny because I think they called the controller midnight black.

ID: hguhnl7

I'd be willing to bet we'll eventually be getting collectors editions of games that come with custom side panels as a package deal.

4 : Anonymous2021/10/16 07:07 ID: hgu2zk9

dbrand: “Yeah we did it, sue us.”

Sony: threatens to sue

dbrand: pikachuface.jpg

ID: hgutqvt

They knew it was going to happen, the question was when. I don't think they are surprised at all.

ID: hgvbw3w

yeah it was definitely just marketing, and it worked because it was literally on the main page of multiple gaming news sites.

ID: hgunsj1

Sonys legal team thats in retainer rubbing there hands

5 : Anonymous2021/10/16 08:21 ID: hgu83lq

Damn they kind of bitched out fast. They're advertising was practically begging Sony sue lol

ID: hgud4dc

They sat on a C&D for a few months, Sony just came back and told them they issued a patent in Canada (where DBrand operates) so that's what caused this whole thing.

6 : Anonymous2021/10/16 08:19 ID: hgu7zle

Well, glad I got them when I did then.

ID: hguflwf


Sony is probably going to sell their own plates.

ID: hguntts

Right there with you, I love the all black look.

7 : Anonymous2021/10/16 07:04 ID: hgu2r6k


is pissed..

ID: hgu9wtp

The lawyers wording with recouping lost profits does that hint at Sony working on custom plates? It would seem obvious as another easy revenue source for them to do that.

ID: hgua5d2

I think that's just lawyer speak.

Not to be confused with what the product team actually does.

Though I do think Sony has something planned.

ID: hgupa80

An entire subreddit dedicated to a company that makes screen protectors and phone cases I know it's reddit but come on guys.

ID: hgv0o8s

Thats peak reddit for sure.

8 : Anonymous2021/10/16 12:43 ID: hgurq87

If DBrand don't manufacture them, I'm sure some companies in china will. They won't let a little thing like patents get in the way of making money

ID: hguv4s1

The tooling and molds are probably already being shared among a few different factories lol

9 : Anonymous2021/10/16 11:33 ID: hgulj03

"What are you going to do, sue me?"

-Company that almost gets sued

ID: hgumpot

Sony “hold my beer”

10 : Anonymous2021/10/16 08:00 ID: hgu6pmg

I guess Sony’s going to sell theirs soon

ID: hgu8z8l

What are they waiting for then?

11 : Anonymous2021/10/16 12:10 ID: hguoo0g

Based on the complaint Sony filed, it looks like the plates themselves are not the most enforceable of the alleged IP violations (which are all of trademark and design patent variety). When looking at the complaint, it is important to remember that the primary concern that trademark (for all marks) is around preventing confusion around the source of the product. The thought is that causing confusion in the marketplace as to the source of a product is ultimately bad for the economy. With that said...

The first complaint is around pending design patents for the console itself, which includes its shape. Sony is alleging that the plates violate these patents. I'm not sure that this is clear-cut, as Dbrand is clearly not selling an actual console themselves, but Sony probably still has the upper hand here given that the plates and the console are so highly related. It's not like Dbrand's plate design is for cookware or something completely unrelated.

The strongest one is the second, in which the PlayStation logo itself is used on the product by Dbrand, which is a no-no.

The third seems spurious, I'm not sure Sony could actually argue their marks are being violated and causing marketplace confusion.

The fourth item can easily be worded around by Dbrand, i.e. instead of saying "PS5 Nameplate" they could say "Dbrand nameplate - works with PS5" or something like that.

IP law is full of gray areas, so who knows. I'd say if they stop using the logo as mentioned in #2 then Dbrand is in much better shape. IANAL.

ID: hguw5z7

The strongest one is the second, in which the PlayStation logo itself is used on the product by Dbrand, which is a no-no.

There is no PS logo on the PS5 darkplates from dbrand.

ID: hguye2w

This point in the letter refers to infringement through skins sold by dbrand and includes a screenshot of the YouTube installation guide rather than the dark plates themselves. It seems dbrand have removed the video from their channel, but there's a mirror of it here:

12 : Anonymous2021/10/16 10:04 ID: hguf0i9

I remember when they had that "come at me brah" attitude. lol

ID: hgvi04h

It’s really baffling to me how people don’t understand this is part of their plan.

They made their quick money, time for another product. They’ve done this with so many products now, they know what they’re doing.

13 : Anonymous2021/10/16 08:37 ID: hgu976g

Glad I purchased these as soon as I got my console

14 : Anonymous2021/10/16 08:55 ID: hguado1

Got mine on time then! They are fantastic and very polished.


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