Microsoft Mocks Sony With "Destiny Fragrance"

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Josiah said:

binary solo said:

Josiah said:

binary solo said:

Josiah said:

binary solo said:

Not so much because of any harm that the ad might do (which is no harm at all really in this case)

It did a significant amount of damage to marketing contracts.  Publishers make a lot of money from these contracts.  If loopholes arise, the value diminishes, and the developer makes less money from such deals in the future.

This is a huge deal to any publisher.  They want to protect their imediate and future income.  If Microsoft is successful without an recoil and Sony follows, all publishers have a lot of $$$ to lose in the future.  I bet you none of them want that.

That's potential future harm to the value of future exclusive advertising contracts. But basically no direct harm done here to Acti/bungie. And I don't think Sony would actually halve a case here again MS, because MS didn't breech any Sony trademark, they breeched Bungie/Acti trademark. So, the only recourse Sony would have would be to sue Activision for not sueing MS for breech of trademark. But why would Sony do that? but it's best for all concerned not to create bad blood so MS really had to take the ad down to keep things cool.

Not true.  It breaks contract.  Usually Sony in this case would have a stipulation that if contract is broken they pay less or get an additional benefit.

Sony absolutely has a case, that's why Microsoft was forced to take it down.  The damage from the media picking up on it, is not down.  This is part of where the issue lies.  It'll be interesting to see what results from this.

Microsoft is not a party to the contract, they didn't sign anything. The contract is between Sony and Acti and SOny can only take action against Acti. Acti is the owner (or Bungie is) of the Destiny trademark and copyright, and it is the infringement on the Destiny trademark without permission which MS did, and only Acti can enforce its trademark rights. Sony can't enforce trademark rights on behalf of Acti. So Sony has no legal recourse directly against MS, only Acti does.

You really don't think Activition is pissed?  You really think Microsoft can do whatever they want to somone elses propertly?  I see bankruptcy in your future.

As I said these contracts usually have stipulations that if broken require additional benefits like a discount or additional content.  Sony is deffinatly getting something from this.

Have you read what I wrote? Where did I say MS can get away with infringing on someone's IP? I said it's not worth causing a stink about and that since sensible MS heads got the ad taken down there's no benefit to Acti in taking any action. They might be pissed, but there's no point in them getting pissy at MS.

Yes, contracts have stipulations if conditions are broken, but, and read this very carefully, MS is not a party to the Destiny exclusive advertising arrangement contract. Therefore nothing MS does of its own accord can be taken as a breech of contract. Only actions (or inactions) by Sony or Acti/Destiny can cause the terms of a contract to be broken and hence for contracual remedies to be brought into force. If MS did not take the ad down, and Acti did nothing to enforce it's ownership rights, then Sony would have a basis to claim a contractual breech because Acti did not protect Sony's interests, and hence Sony would be entitled to some form of redress. But the ad got taken down (whether or not Acti did anything to bring that about it) so now Sony has no claim. Any clause in a contract which says if MS does something naughty then Acti has to give some additional benefit to+- Sony would more than likely be unenforceable in court, because controlling MS's decisions is not within Acti's power, and no contract can force you to do something that is not within your power. Asserting their trademark rights after a violation has occurred is within Acti's power, so once someone has done something naughty then the relevant party to the contract could be forced to act according to the terms of the contract.