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DBRAND releasing PS5 faceplates in 2021, dares Sony to sue them.

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HeisenbergFX4

Gold Member
oh wow sorry you replied super fast lol. I edited my post cause i just woke up and can't read lol. I responded to your post thinking you had posted when the thread was originally created. I'm dumb and need caffeine lol. anyways thanks for the reply they look like a good alternative!

No worries I have had the first set for quite some time a couple of months at least and have moved that PS5 several times and these plates are still flawless
 

Excess

Member
Finally, I am fed up with this big white bitch in the living room !

« no, honey, I am not talking about you… »
If it was like half the size, I'd actually really like the design. I don't mind the white/black contrast.

I'm more of a leather/carbon fiber contrast person myself, though. Here's my PS4 with Dbrand skins:

I14yi8X.png
 

Max_Po

Banned
R O F L ...

Just want to mention a few things,

1. I purchased a Dark Faceplate Set from Amazon for 46 CDN (Chinese Manufacturer) Decent quality, all edges are decent however there is definitely some color issues going on.

2. Purchased Translucent Faceplates from AliExpress. TRASH. While the plates seem okay the edges aren't even.

3. Purchased Darkplates from DBRAND for 59 w/ Front/middle cover... superb quality, MATTE Black and excellent finish.

SOLD #1 and 2 at local Kijiji.
 
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It 's their own fault really, much like that other company who used the name PlateStation 5, it's really not the brightest of moves.
Not sure if either company has lawyers but I would assume neither would have a legal representatives who were trained in this specific area. With branding you really have to do everything that you can to get as far away as possible from anything that could possibly be seen negatively by any company that you could dealing with.
I would assume that even with all their shouting, Dbrand would certainly have issues with a company being set up under the name Bbrand that was trying trying to make money from the same sort of tat that they sell but at a lower price. Particularly if Bbrand publicly challenged Dbrand to sue them.
 
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rofif

Can’t Git Gud
Incredible how shitty of a company Sony became in the last few years
what? Making a skin to attach to current plates is one thing, but making whole other plates is another.
Maybe different plastic would differ in the way of heat dissipation?
Or maybe Sony just want to make their own different plates later and you know.... patents and rights exist
 
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Business

Member
what? Making a skin to attach to current plates is one thing, but making whole other plates is another.
Maybe different plastic would differ in the way of heat dissipation?
Or maybe Sony just want to make their own different plates later and you know.... patents and rights exist

Sure they can make and sell their own original plates, but it's still kind of shit they prevent other companies from producing and selling their compatible version too.
 

RJMacready73

Simps for Amouranth
I think the thing looks great, looks like a console and again looks like a Sony console, even the wife doesn't mind it sitting upright beside our telly in the "good" room
 

GHG

Member
Incredible how shitty of a company Sony became in the last few years

I take it all the companies you like don't like money then.

Sure they can make and sell their own original plates, but it's still kind of shit they prevent other companies from producing and selling their compatible version too.

Your username is business, you should know better. Licencing exists for a reason.
 
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Business

Member
I take it all the companies you like don't like money then.



Your username is business, you should know better. Licencing exists for a reason.

Licensing exists but that's neither news or the whole story. There's other things to consider as well when doing business (and in life) besides trying to get the last dollar today.
 

GHG

Member
Licensing exists but that's neither news or the whole story. There's other things to consider as well when doing business (and in life) besides trying to get the last dollar today.

When you're a public company that big there's nothing else to consider. The priority is with their employees, shareholders and for the overall health of the business (and its future).

Allowing people to sell products using your name (and properties such as logos etc) without your permission (and without giving you a cut) doesn't fit with any of that.

If you want to say there are other things they should consider then tell us what those things are.
 

Business

Member
When you're a public company that big there's nothing else to consider. The priority is with their employees, shareholders and for the overall health of the business (and its future).

Allowing people to sell products using your name (and properties such as logos etc) without your permission (and without giving you a cut) doesn't fit with any of that.

If you want to say there are other things they should consider then tell us what those things are.

I'm not aware dbrand is using any Sony branding or logos here, are they? They also changed the tiny square triangle circle cross shapes from the covers, I don't think they are that stupid to go around selling products with other companies logos all over...


Also, "tell us" is funny, I'm discussing this with you only, why do you feel the need to portray this as if it's me defending against a group of people that agrees with you... :messenger_tears_of_joy: Anyway, these other things should be pretty obvious, it's just a balancing act where you must squeeze and get away with as much as you can while at the same time mantaining the best possible rapport with customers and business partners. Maybe suing is what makes most sense in this case, absolutely possible, but allowing partners to make money from these covers and customers to enjoy this product could also end up bringing a greater yield in the future and it's certainly something worth considering (sure they did btw).
 
I'm not aware dbrand is using any Sony branding or logos here, are they? They also changed the tiny square triangle circle cross shapes from the covers, I don't think they are that stupid to go around selling products with other companies logos all over...
With branding specifics don;t have to be recorded, they just have to be considered as something that's publicly recognisable as belonging to that particular brand. It was much like the case with 8Bitdo and their Nintendo themed controllers with the Red, Yellow, Green and Blue buttons that they had to change. There will be nothing registered in Nintendo's name that states those colours used in that way are protected but because it can be considered a part of their recognised branding it would be 8Bitdo's responsibility to prove that it isn't publicly recognised.
With Dbrand, they publicly stated that they used the publicly recognisable shapes to try and wind Sony up which means they've already lost if they were ever to attempt to use those shapes.
Dbrand were stupid and they simply messed up, you'll never be able to convince anybody that they weren't combining those four shapes because it could be recognised as publicly recognised brnding when they very clearly stated that it was when they announced it.
As I said, for all of Dbrand's tantrums, they would surely do exactly the same if they found themselves in the same position.
 

Business

Member
With branding specifics don;t have to be recorded, they just have to be considered as something that's publicly recognisable as belonging to that particular brand. It was much like the case with 8Bitdo and their Nintendo themed controllers with the Red, Yellow, Green and Blue buttons that they had to change. There will be nothing registered in Nintendo's name that states those colours used in that way are protected but because it can be considered a part of their recognised branding it would be 8Bitdo's responsibility to prove that it isn't publicly recognised.
With Dbrand, they publicly stated that they used the publicly recognisable shapes to try and wind Sony up which means they've already lost if they were ever to attempt to use those shapes.
Dbrand were stupid and they simply messed up, you'll never be able to convince anybody that they weren't combining those four shapes because it could be recognised as publicly recognised brnding when they very clearly stated that it was when they announced it.
As I said, for all of Dbrand's tantrums, they would surely do exactly the same if they found themselves in the same position.

I'm no lawyer but I'd think admission of wanting "to wind up" Sony by creating similar shapes isn't enough and Sony would still need to prove in court and beyond reasonable doubt that these symbols are too similar / confusing to the ones Sony uses on its branding. But that's besides the point I'm not here to defend dbrand's decisions, my point was basically that first, as a customer it's a disappointing move from Sony, and second, from a business point of view this may or may not backfire so it's not that suing is a no brainer.
 
I'm no lawyer but I'd think admission of wanting "to wind up" Sony by creating similar shapes isn't enough and Sony would still need to prove in court and beyond reasonable doubt that these symbols are too similar / confusing to the ones Sony uses on its branding. But that's besides the point I'm not here to defend dbrand's decisions, my point was basically that first, as a customer it's a disappointing move from Sony, and second, from a business point of view this may or may not backfire so it's not that suing is a no brainer.
If it's not enough then Dbrand are in complete control here and they can deal with it as any other company in this situation could, they have nothing to worry about. Every company has the right to protect their public brand and every company has the right to counter that, I assure you that Dbrand would be doing whatever they could to protect their brand if they felt that another company was encroaching on it.
My main concern here is it really seems that whoever runs Dbrand really has no idea what they are doiing in this space.
Admitting to wanting to wind up a company has nothing to do with any of this. They're well within their rights to wind up any company that they choose to but they would, like all of us, have to stay within what their allowed to do while doing that. If you want to annoy somebody, you can do, but if you choose somebody by running them over in your car then you're a long way beyond any rights you had to annoy somebody.
One of the issues with not pursuing a brand related case like this is that it can can back and and have a negative affect on the owners of the brand if they are faced with something similar but potentially far more serious in the future. If you're trying to establish the value of your brand but it was then raised that you didn't feel it was worth protecting then it's clearly going to weaken you're.
As somebody who runs an extremely successful business it's imprtant that you're consistently straight down the line about how you value and protect your brand, even more so if you're a public limited company as you then have a legal obligation to protect that brand and it's value.
 

MiguelItUp

Member
Well, glad I supported them and got mine before this happened. This is pretty ridiculous TBH, especially since they haven't bothered to release their own yet, clearly people would buy them. But they're quick to respond with legal action.
 
I'm not aware dbrand is using any Sony branding or logos here, are they? They also changed the tiny square triangle circle cross shapes from the covers, I don't think they are that stupid to go around selling products with other companies logos all over...

PS5 has a design patent. The side plates are part of that design and are protected.
 
PS5 has a design patent. The side plates are part of that design and are protected.
Design patents only go so far. While nobody can know for sure what the court would rule... Until it actuallywent to court. If I had to guess. Dbrand would win any eventual court ruling, but would likely go broke getting there.
 

MilkLizard

Member
R O F L ...

Just want to mention a few things,

1. I purchased a Dark Faceplate Set from Amazon for 46 CDN (Chinese Manufacturer) Decent quality, all edges are decent however there is definitely some color issues going on.

2. Purchased Translucent Faceplates from AliExpress. TRASH. While the plates seem okay the edges aren't even.

3. Purchased Darkplates from DBRAND for 59 w/ Front/middle cover... superb quality, MATTE Black and excellent finish.

SOLD #1 and 2 at local Kijiji.
Yes DBRAND is an annoying company (Youtube sponsoring, edgy marketing, etc...) but the products are very good quality. I have one of their skins on my phone since a year and it still looks new.
 
Design patents only go so far. While nobody can know for sure what the court would rule... Until it actuallywent to court. If I had to guess. Dbrand would win any eventual court ruling, but would likely go broke getting there.

The only way to win against a design patent infringement lawsuit is to prove the patent should have never been granted in the first place by demonstrating that:
a) the design is generic or,
b) the design is actually a function of utility and not ornamental.

The design of PS5 side plates isn't either of those two things so there is no way that Dbrand can win.
 
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Topher

Gold Member
[
The only way to win against a design patent infringement lawsuit is to prove the patent should have never been granted in the first place by demonstrating that:
a) the design is generic or,
b) the design is actually a function of utility and not ornamental.

The design of PS5 side plates isn't either of those two things so there is no way that Dbrand can win.

Which is why dbrand backed down so quickly.
 

Kdad

Member
Sure they can make and sell their own original plates, but it's still kind of shit they prevent other companies from producing and selling their compatible version too.
Did they prevent them or is SONY requiring a license fee and DBRAND decided to go full EPIC?

(We don't know if SONY is doing this but it's likely IMO)
 

ethomaz

Banned
Design patents only go so far. While nobody can know for sure what the court would rule... Until it actuallywent to court. If I had to guess. Dbrand would win any eventual court ruling, but would likely go broke getting there.
There is little to no chance to DBrand win that case… it is almost impossible to prove in court that the PS5 design is generic.

BTW that is why they choose not to go court.
 
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AGRacing

Member
OAYAEhy.jpg


Here's why I bought these.... and importantly the skin in the center as well.

All my original consoles... well taken care of... inevitably get swirl marks on the gloss plastic and minor scratches on the matte plastic. The entire real exterior of my PS5 is totally protected now. I collect these consoles and like that piece of mind.

Original plates neatly boxed away. Original gloss plastic is perfect underneath the skin. The quality of the dbrand plates was far away better than the cheap Chinese made stuff I'd seen elsewhere. I'm satisfied with the purchase.
 
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