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

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:
Fusioncode said:
binary solo said: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 =]

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:
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.



“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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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 the result.



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.



“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:
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.



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.



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prayformojo said:
Mr.Playstation said:
Microsoft being sore losers about losing again.


Lets be fair, buying the rights to give the illusion that a game is exclusive... that's lame and kind of pathetic. I know Microsoft does it too, and it's just as lame when they do it but it is, infact, lame. It's not like Sony was playing on level ground here to begin with. So, imo, the fact that MS did this is totally fair game. One company cheated, the other cheated back. I have no issue with it.


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.



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