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Forums - Gaming - Microsoft Mocks Sony With "Destiny Fragrance"

Aura7541 said:
binary solo said:

What I think is the ad was brought to the attention of MS lawyers, who calmly pointed out to the marketing department that the ad actually did encroach on the Destiny trademark, which MS has no right to use ("Desinty is an Epic new FPS game" = using Bungie's trademark, you can't trademark a word for all uses, but you can trademark a word when used in a partiuclar context, and Bungie will own a trademark over "Destiny" (esp with a capital D denoting it as a name) when used in reference to an FPS video game, no doubt.

So the good lawyerly advice would be, take that ad down, and before you try again come to us to clear the ad so that you can be sure there are not copyright or trademark infringements.

I'd be surprised if Sony or Acti-Bungie took any formal action. If anything there might have been an e-mail between the legal departments saying "Not cool guys". Sometimes things can be resolved in a cordial manner without going to court, esp when the "wrong doing" is clear and unambiguous.

No harm no foul.

Ah, I see.I don't think Sony will sweat too much about this and the worst case scenario will only be a small slap to the wrist. After all, the fact that MS was trying to advertise eau de toilette Destiny was pretty funny, even for Sony

Semantically, this is a factually incorrect statement. There is no such product as an Xbox branded Destiny eau de toilette, so MS as not trying to advertise any such thing. MS was trying to advertise Destiny, using imagery and phrasing that did not breech copyright and trademark rules. And in terms of imagery (the bottle of Destiny perfume) they were fine. But in terms of their phrasing (Destiny is an epic new FPS) they crossed the line. Not really in a serious way, but the line was crossed and it's appropriate to stop using an ad that crosses the trademark or copyright line. Not so much because of any harm that the ad might do (which is no harm at all really in this case), but because if MS one day wants to have a go at someone for violating their copyright or trademarks the defendant could raise the Destiny ad, at least for PR purposes, to say, "well you've done it so pot meet kettle. You can give it out but you can't take it aye?" That sort of argument wouldn't fly in court, because one unprosecuted "crime" does not excuse another. But in the court of public opinion "you did it first" will always get traction and will cause some repuational damage.

And of course just because Sony or Acti/Bungie won't take action, doesn't mean some bitter fanboy won't lay a complaint to some advertising standards body to try to embarrass MS by having the authority rule that yes, MS done wrong here.



“The fundamental cause of the trouble is that in the modern world the stupid are cocksure while the intelligent are full of doubt.” - Bertrand Russell

"When the power of love overcomes the love of power, the world will know peace."

Jimi Hendrix

 

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Rafie said:
Mr_No said:

You could make that the site's slogan xD


Hey you're on to something there! LOL Unfortunately I can't quite my day job. Hehe

 

Oh and that "taste like salt" post you posted a few pages back had me rolling! :D

XD That was just something to add to the fun. I'll admit the MS cologne thing was hilarious.



binary solo said:
Aura7541 said:
binary solo said:

What I think is the ad was brought to the attention of MS lawyers, who calmly pointed out to the marketing department that the ad actually did encroach on the Destiny trademark, which MS has no right to use ("Desinty is an Epic new FPS game" = using Bungie's trademark, you can't trademark a word for all uses, but you can trademark a word when used in a partiuclar context, and Bungie will own a trademark over "Destiny" (esp with a capital D denoting it as a name) when used in reference to an FPS video game, no doubt.

So the good lawyerly advice would be, take that ad down, and before you try again come to us to clear the ad so that you can be sure there are not copyright or trademark infringements.

I'd be surprised if Sony or Acti-Bungie took any formal action. If anything there might have been an e-mail between the legal departments saying "Not cool guys". Sometimes things can be resolved in a cordial manner without going to court, esp when the "wrong doing" is clear and unambiguous.

No harm no foul.

Ah, I see.I don't think Sony will sweat too much about this and the worst case scenario will only be a small slap to the wrist. After all, the fact that MS was trying to advertise eau de toilette Destiny was pretty funny, even for Sony

Semantically, this is a factually incorrect statement. There is no such product as an Xbox branded Destiny eau de toilette, so MS as not trying to advertise any such thing. MS was trying to advertise Destiny, using imagery and phrasing that did not breech copyright and trademark rules. And in terms of imagery (the bottle of Destiny perfume) they were fine. But in terms of their phrasing (Destiny is an epic new FPS) they crossed the line. Not really in a serious way, but the line was crossed and it's appropriate to stop using an ad that crosses the trademark or copyright line. Not so much because of any harm that the ad might do (which is no harm at all really in this case), but because if MS one day wants to have a go at someone for violating their copyright or trademarks the defendant could raise the Destiny ad, at least for PR purposes, to say, "well you've done it so pot meet kettle. You can give it out but you can't take it aye?" That sort of argument wouldn't fly in court, because one unprosecuted "crime" does not excuse another. But in the court of public opinion "you did it first" will always get traction and will cause some repuational damage.

And of course just because Sony or Acti/Bungie won't take action, doesn't mean some bitter fanboy won't lay a complaint to some advertising standards body to try to embarrass MS by having the authority rule that yes, MS done wrong here.


Don't give fans this idea.



duduspace11 "Well, since we are estimating costs, Pokemon Red/Blue did cost Nintendo about $50m to make back in 1996"

http://gamrconnect.vgchartz.com/post.php?id=8808363

Mr Puggsly: "Hehe, I said good profit. You said big profit. Frankly, not losing money is what I meant by good. Don't get hung up on semantics"

http://gamrconnect.vgchartz.com/post.php?id=9008994

Azzanation: "PS5 wouldn't sold out at launch without scalpers."

binary solo said:
Aura7541 said:
binary solo said:

What I think is the ad was brought to the attention of MS lawyers, who calmly pointed out to the marketing department that the ad actually did encroach on the Destiny trademark, which MS has no right to use ("Desinty is an Epic new FPS game" = using Bungie's trademark, you can't trademark a word for all uses, but you can trademark a word when used in a partiuclar context, and Bungie will own a trademark over "Destiny" (esp with a capital D denoting it as a name) when used in reference to an FPS video game, no doubt.

So the good lawyerly advice would be, take that ad down, and before you try again come to us to clear the ad so that you can be sure there are not copyright or trademark infringements.

I'd be surprised if Sony or Acti-Bungie took any formal action. If anything there might have been an e-mail between the legal departments saying "Not cool guys". Sometimes things can be resolved in a cordial manner without going to court, esp when the "wrong doing" is clear and unambiguous.

No harm no foul.

Ah, I see.I don't think Sony will sweat too much about this and the worst case scenario will only be a small slap to the wrist. After all, the fact that MS was trying to advertise eau de toilette Destiny was pretty funny, even for Sony

Semantically, this is a factually incorrect statement. There is no such product as an Xbox branded Destiny eau de toilette, so MS as not trying to advertise any such thing. MS was trying to advertise Destiny, using imagery and phrasing that did not breech copyright and trademark rules. And in terms of imagery (the bottle of Destiny perfume) they were fine. But in terms of their phrasing (Destiny is an epic new FPS) they crossed the line. Not really in a serious way, but the line was crossed and it's appropriate to stop using an ad that crosses the trademark or copyright line. Not so much because of any harm that the ad might do (which is no harm at all really in this case), but because if MS one day wants to have a go at someone for violating their copyright or trademarks the defendant could raise the Destiny ad, at least for PR purposes, to say, "well you've done it so pot meet kettle. You can give it out but you can't take it aye?" That sort of argument wouldn't fly in court, because one unprosecuted "crime" does not excuse another. But in the court of public opinion "you did it first" will always get traction and will cause some repuational damage.

And of course just because Sony or Acti/Bungie won't take action, doesn't mean some bitter fanboy won't lay a complaint to some advertising standards body to try to embarrass MS by having the authority rule that yes, MS done wrong here.

brb calling the Better Business Bureau.



Sigs are dumb. And so are you!

Fusioncode said:
binary solo said:
Aura7541 said:

Ah, I see.I don't think Sony will sweat too much about this and the worst case scenario will only be a small slap to the wrist. After all, the fact that MS was trying to advertise eau de toilette Destiny was pretty funny, even for Sony

Semantically, this is a factually incorrect statement. There is no such product as an Xbox branded Destiny eau de toilette, so MS as not trying to advertise any such thing. MS was trying to advertise Destiny, using imagery and phrasing that did not breech copyright and trademark rules. And in terms of imagery (the bottle of Destiny perfume) they were fine. But in terms of their phrasing (Destiny is an epic new FPS) they crossed the line. Not really in a serious way, but the line was crossed and it's appropriate to stop using an ad that crosses the trademark or copyright line. Not so much because of any harm that the ad might do (which is no harm at all really in this case), but because if MS one day wants to have a go at someone for violating their copyright or trademarks the defendant could raise the Destiny ad, at least for PR purposes, to say, "well you've done it so pot meet kettle. You can give it out but you can't take it aye?" That sort of argument wouldn't fly in court, because one unprosecuted "crime" does not excuse another. But in the court of public opinion "you did it first" will always get traction and will cause some repuational damage.

And of course just because Sony or Acti/Bungie won't take action, doesn't mean some bitter fanboy won't lay a complaint to some advertising standards body to try to embarrass MS by having the authority rule that yes, MS done wrong here.

brb calling the Better Business Bureau.


I advised the guy not to give ideas, but go there =]



duduspace11 "Well, since we are estimating costs, Pokemon Red/Blue did cost Nintendo about $50m to make back in 1996"

http://gamrconnect.vgchartz.com/post.php?id=8808363

Mr Puggsly: "Hehe, I said good profit. You said big profit. Frankly, not losing money is what I meant by good. Don't get hung up on semantics"

http://gamrconnect.vgchartz.com/post.php?id=9008994

Azzanation: "PS5 wouldn't sold out at launch without scalpers."

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prinz_valium said:
thismeintiel said:
prayformojo said:
thismeintiel said:
And Sony's only response will be the big gap between both versions of the games and the huge boost the game will be for PS4 sales.


Attach rates decide who the true winner is. If the PS4 version sells more copies because it has a higher user base but the Xbone version has a higher attach rate, that's more impressive for Xbone. 

Apples to apples and so forth. 


Sony will make massively more money from Destiny than MS will, in both SW and HW sales.  Apples to apples, you know.


not really.

if guys have to buy a fullprice copy without bundles, u make more money form the game

 

thats why sony make so much money with fifa

ms paid for exclusiv marketing and give it for free in bundles

sony got massive sales nevertheless

 

 

same applies to destiny.

if we talk about profits, it will be nearly the same

but its still a win for sony, because they finally got a big shooter associated first with the playstation brand

 

 

so no. massively more money is the whole wrong term

edit: that happend with watch dogs. but it will not for destiny. because we wont have a 2:1 ps4 to xb1 ratio. 

and if we add last gen too, it will be even more favour ms. wouldnt suprise me, if this game will sell nearly the same on xbox family like ps family

You don't think the ratio will be close to 2:1 in the PS4's favor?  I think you're in for a surprise.  Also, this isn't like the MS deal with Fifa where they were giving it away for free.  The Destiny PS4 bundle is only $10 cheaper than getting a PS4 and the game seperately, so Sony isn't missing out on much money, which will be made up greatly by the much larger HW boost to the PS4 and the extra SW sales.



thismeintiel said:

me, if this game will sell nearly the same on xbox family like ps family

You don't think the ratio will be close to 2:1 in the PS4's favor?  I think you're in for a surprise.  Also, this isn't like the MS deal with Fifa where they were giving it away for free.  The Destiny PS4 bundle is only $10 cheaper than getting a PS4 and the game seperately, so Sony isn't missing out on much money, which will be made up greatly by the much larger HW boost to the PS4 and the extra SW sales.


lets wait for first week sales and see who will be in for a suprise.

this game isnt watch_dogs

 

xbox one is still the "shooter box"

us and uk are still the biggest shooter nations and there the xbo is not nearly dead

xbox one had no big softwareseller since titanfall and many should be desperate about new games

xbox one hat a beta, too

ms always mentioned the game as one of the blockbustergames u can play on xbox one, too

 

the word wide ratio will be ~ 1,5:1 max imho



thismeintiel said:
prayformojo said:
thismeintiel said:
And Sony's only response will be the big gap between both versions of the games and the huge boost the game will be for PS4 sales.


Attach rates decide who the true winner is. If the PS4 version sells more copies because it has a higher user base but the Xbone version has a higher attach rate, that's more impressive for Xbone. 

Apples to apples and so forth. 


Sony will make massively more money from Destiny than MS will, in both SW and HW sales.  Apples to apples, you know.

I don't know. When you add in the gob of money they spent for that advertisment deal, that may not be the case even WITH the added sales. But I wasn't refering to sales competition. I was refering to a "unti sold" competition. If there are five million more units in the wild, it's not an apples to apples comparison. The only way it could be apples to apples is if we look at attach rates (if you care about things being equal. If not, none of this matters).



prayformojo said:
thismeintiel said:


Sony will make massively more money from Destiny than MS will, in both SW and HW sales.  Apples to apples, you know.

I don't know. When you add in the gob of money they spent for that advertisment deal, that may not be the case even WITH the added sales. But I wasn't refering to sales competition. I was refering to a "unti sold" competition. If there are five million more units in the wild, it's not an apples to apples comparison. The only way it could be apples to apples is if we look at attach rates (if you care about things being equal. If not, none of this matters).

So, you're basically ignoring who makes the most from the game, gets the better HW boost, AND who actually sells the most units.  Then, choose to use the only argument that MS might come out on top of, attach rate?  Got it, lol. 



The question is, why must MS find a loophole?

Why can't MS just respect the exclusive ad deal that Sony and Acti have?

This is basically like MS telling Sony "f*** u, go ahead and sue us, you copycat".



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