When running an online business specialising in selling third party parts for PlayStations, it’s probably best to keep a low profile to attract as little attention from Sony as possible. That’s exactly what dbrand, a company selling shells, skins, and decals didn’t do.
The black faceplates for PS5 which dband used to sell are now no longer available on their website, the company are now selling an updated version of the product. A Cease & Desist letter was issued to dbrand by Sonys lawyers resulting in dbrand removing the original.
SIE are claiming that dbrand’s original product is infringing on their copyright, producing “counterfeit” goods that use the companies logos. While dbrand argue that Sony don’t actually hold a patent for the PS5 faceplates’ shape or design. They also argue that their unique apocalyptic spin on the PlayStation shapes are enough to avoid any trademark issues.
Sony threatened dbrand with legal action unless they did the following three things:
1. Promptly and permanently cease and take down all marketing and promotion for and cease all sales worldwide of faceplates featuring the product configuration of SIE’s PSS faceplates or any similar product configuration, including without limitation all faceplates currently for sale at dbrand com;
2. Promptly and permanently cease and take down all marketing and promotion for and cease all sales worldwide of products or packaging bearing the PlayStation Family Mark, the Modified Shape Mark Design, any other PlayStation Mark, or any other indicia of SIE; and
3. Promptly and permanently cease and take down all use worldwide of the PlayStation Marks, any similar marks, and any other marks, branding or indicia associated with SIE or its affiliates, including without limitation within product names.
dbrand are complying with two and three but are arguing that they have the right to sell faceplates for PlayStation consoles.
The new version of the Darkplates will set you back $59 but are only available for pre-order right now. The first batch is expect to ship in November, but dbrand are selling them in ‘waves’ to help manage stock.