Webtrends Tracking Code
 
UK Home >  OUT-LAW News >  News Archive >  2005 >  June 2005 >  Sony tries to block PlayStation Portable sales in Britain

Sony tries to block PlayStation Portable sales in Britain

OUT-LAW News, 06/06/2005

Sony is trying to stop the import into the UK of the PlayStation Portable game device, which is not due to go on sale in Europe until 1st September. The company has sent cease and desist letters to retailers, claiming the sales infringe Sony's trade marks.

According to Reuters, a Sony spokesman said: "The law is clear, and the activity of parallel importing of PSP products from the US/Japan is unlawful. It should be clearly understood that under no circumstances does Sony Computer Entertainment consent to such activities."

Parallel imports – where goods intended for one market are bought in another, taking advantage of differences in pricing and availability – are a growing problem for the IT industry.

In this case it has been caused by a delay in the European launch of the long-awaited PlayStation Portable, a new device designed to play games, films and music on the move. It was due to be launched in March, at the same time as in the US, but has been put back six months because of supply difficulties.

But gaming fans have created a so-called "grey market" for the devices.

According to reports, Sony has now moved to stop the imports, sending cease and desist letters to retailers, most of which have backed down.

One small on-line retailer, however, has decided to fight. According to Dan Morelle, managing director of ElectricBirdLand:

"We are not trying to belittle the Sony brand or damage any future sales as demand for the product is so great. All we offer is the one thing Sony has failed to do, and that is to give the customer exactly what they want, when they want it."

The entrepreneur says that the cease and desist letter received by the firm referred only to Sony's PlayStation trade mark, and that the PSP mark used on the new devices is actually registered in the UK to Bristol-based IT firm Owtanet.

Other key trade marks, technologies and software used in the product have not been registered by Sony, alleges ElectricBirdLand.

"Sony Computer Entertainment is well known for fudged product launches and this is another perfect example," said Morelle. "The threat of legal action is not because Sony is concerned about the impact that small importers like us will have on its brand or sales – it's simply because of their inability to implement something so vital to the success of its new product."

 

OUT-LAW Recommends

Data Protection training
We offer training courses on Data Protection and Freedom of Information laws

Winner at 2008 Webby Awards

OUT-LAW star: link to the home page
Disclaimer: This was printed from OUT-LAW.COM, a service of international law firm Pinsent Masons. We hope you find this content useful. However, please note that nothing in this document constitutes specific legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter. Any questions, please email info@out-law.com.