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Falling out of shapeĭbrand went on to compare itself to a maker of aftermarket car replacement parts. As Sony did not declare rights over any published design patent in the C&D-instead focusing on pending patents and a litany of other complaints-we elected to focus on whether an organization should be allowed to sell replacement parts for hardware that consumers already own. Under Canadian law, the onus is on the party alleging infringement to demonstrate that the defendant's actions infringe on a particular patent.

Surprisingly, though, Sony's letter to Dbrand doesn't mention the specific design patent involved, a bewildering omission that Dbrand called out in a response on Reddit: Thanks to our client's extensive marketing of the PS5 console, its commercial popularity, and its massive earned media coverage, the console's unique product configuration, including without limitation the two vertical faceplates, has become exclusively associated with SIE in the minds of consumers and has come to symbolize considerable goodwill.ĭbrand's Darkplates, which "replicate SIE's protected product design," thus "violate our client's intellectual property rights in the distinctive product design," Sony wrote. Chief among them was the distinctive shape of the plates themselves, which closely matched those of the stock PS5 faceplates. Sony's "objection to dbrand's Infringement of Sony Interactive Entertainment LLC's Intellectual Property" letter lays out a few problems that the console maker sees with the specific "Darkplate" design Dbrand had been selling before this week. But the back-and-forth raises important legal questions about patent protections, brand confusion, and who actually controls the aftermarket for console parts. Sony's threats aren't that surprising, especially considering that the company sent a cease-and-desist letter to console customization company The PlateStation last November. When gaming peripherals company Dbrand started selling its custom black PS5 faceplates in February, its website cheekily suggested that its efforts were "totally legal," and it urged anyone who thought otherwise to "go ahead, sue us." Now, sure enough, the company has been forced to change the design of its custom plates in response to legal threats from Sony.