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

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MasterCornholio

MasterCornholio

Member
Basically Sony would use their patent as part of their argument.

playstation-5-console.jpg


Not sure if anyone can release a faceplate based off the patents designed without Sony's permission.

Maybe there's some sort of modification law that would support that but your really not modifying the unit by using a faceplate with a different color.

wood-ps5.png


Now if someone made an empty shell that you can slide the PS5 internals into that could be a different story.
 
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B

bushwookie

Banned
BlitzerRadic said:
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.
Click to expand...
I haven't seen the actual Dbrand side plates, so you may very well be correct.

However, when it comes to design patents. Dbrand wouldn't have to prove that a design patent should've never been granted in the first place. Dbrand wouldn't have to do anything legal wise until Sony sued them.

At that point Sony would need to show that the average person couldn't reasonably distinguish between the two products. Dbrand's side plates would need to be clearly distinguishable from Sony's side plates.

Of course I'm assuming that the side plates are ornamental only, lest it tread into utility territory which is an entirely different ballgame. Also, not being familiar with Dbrand's side plates, I don't know if they're obviously distinguishable from Sony's outside of color. But seeing as they apparently have no utility, I can't imagine it would be too difficult to differentiate them enough from Sony's as to avoid design patent infringement.

The squeeze Dbrand faces here is the possibility that Sony pushes this through the courts, and bleeds them dry in the process. Because once it starts, Dbrand has to ride it through until the end. If the battle through the courts at any time becomes too expensive to maintain for Dbrand, and they waive the white flag. Sony could simply continue on. Which would likely end up with Dbrand not only having to abandon the product, but also pay back Sony all their lost revenue.

I can't say with any degree of certainty that it would go one way or the other. This very well be a case of Sony literally being a giant that Dbrand has no hope of realistically defeating regardless of infringement or not.
 
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bushwookie

Banned
MasterCornholio said:
Basically Sony would use their patent as part of their argument.

playstation-5-console.jpg


Not sure if anyone can release a faceplate based off the patents designed without Sony's permission.

Maybe there's some sort of modification law that would support that but your really not modifying the unit by using a faceplate with a different color.

wood-ps5.png


Now if someone made an empty shell that you can slide the PS5 internals into that could be a different story.
Click to expand...
Dbrand deserves to sink if they thought simply color alone would exempt them.
If the only noticeable difference is color, then Dbrand should've known better than to advertise their product anyplace where Sony might catch a whiff of it. Much less going full retard and daring Sony to sue them. Lol
 
MasterCornholio

MasterCornholio

Member
bushwookie said:
I can't say with any degree of certainty that it would go one way or the other. This very well be a case of Sony literally being a giant that Dbrand has no hope of realistically defeating regardless of infringement or not.
Click to expand...

Basically the only way I can see Sony being in the wrong for this. But if it is an infringement then Sony has the right to defend their product and Dbrand would be in the wrong for this.

But like you said without the courts decision it's difficult to determine who is wrong here.
 
rofif

rofif

Can’t Git Gud
AGRacing said:
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.
Click to expand...
I understand that you might just like black design. Of course.
But what is this mental bs about "wanting to protect" ?! so You buy a thing... to not use a thing ? Let's cover every inch of it so I can store it in my cabinet in 30 years ?
 
DigitalScrap

DigitalScrap

Member
rofif said:
I understand that you might just like black design. Of course.
But what is this mental bs about "wanting to protect" ?! so You buy a thing... to not use a thing ? Let's cover every inch of it so I can store it in my cabinet in 30 years ?
Click to expand...
They will use it. Now when they decide to get rid of it, they can put the originals back on and remove the center section and it will be in pristine condition (and they can include the dbrand sides with it as a bonus).

I don’t see this in the same way as people who cover their furniture in plastic to “protect it”. Lol

Nothing wrong with this approach IMO (and it DOES look much better in all black to me).
 
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AGRacing

AGRacing

Member
rofif said:
I understand that you might just like black design. Of course.
But what is this mental bs about "wanting to protect" ?! so You buy a thing... to not use a thing ? Let's cover every inch of it so I can store it in my cabinet in 30 years ?
Click to expand...


Yeah. My PS5 is being used, believe me. I just keep my things in good condition when I can. My 9 year old son is reaping the benefits of that practice. In cases when I've decided not to keep things I've been able to flip them for at or above their original price... making my time with them free. Sometimes it takes a little effort. Sometimes an investment of a few dollars. Well worth it to me in every case.
 
rofif

rofif

Can’t Git Gud
AGRacing said:
Yeah. My PS5 is being used, believe me. I just keep my things in good condition when I can. My 9 year old son is reaping the benefits of that practice. In cases when I've decided not to keep things I've been able to flip them for at or above their original price... making my time with them free. Sometimes it takes a little effort. Sometimes an investment of a few dollars. Well worth it to me in every case.
Click to expand...
Oh man. Sorry I am reaping on you so much :D
But You must be a fuuuuuun person to be around lol.

I totally understand your argument, I respect it and I totally will go my own way :messenger_grinning_sweat:
 
20cent

20cent

Banned
Their twitter fanbase timeline replies are usually worst than the ones you can find under Wario64 tweets
 
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