Haha clever advertising!
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| 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.
FYI: This does break trademark with Activision/Bungie.
Might want to check the website, before anyone continues to defend this nonsense
http://www.destinyfragrance.com/
In this day and age, with the Internet, ignorance is a choice! And they're still choosing Ignorance! - Dr. Filthy Frank


DonFerrari said:
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Too late the ad is down, so any complaint now would be thrown out as frivolous. So all is right with the world.
“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
Josiah said:
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.
“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
binary solo said:
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 the result.
Josiah said:
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.
“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
binary solo said:
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.
| wary-wallaroo said: Haha, wow. Stop trying to make this happen MS, it's not going to happen. |
You realize it is happening right? The game is multiplatform.
@ others in this thread.
Microsoft has made a joke. Maybe you find it funny, maybe you don't. Irrespective it is indicative of a sense of humour, talent for marketing, and the ongoing attempt by all players to promote their wares.
Unless someone wants to present information on contracts between Activision and Microsoft or Sony and Microsoft that indicates this is in some way a violation, lets stop being 'salty' that Microsoft has found an innovative way around Sony's paid arrangement with Activision. I am sure that Microsoft consulted its team of very expensive lawyers in formulating this campaign.
starcraft - Playing Games = FUN, Talking about Games = SERIOUS
prayformojo said:
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You know right that microsoft has exclusive advertising rights to Maddean and Cod, I would love to see Sony release a Cod fragrance but unfortournly Sony is not a sore loser.