Because either a) someone who knows enough about trademark violation knows enough to remove it or b) it's a viral campaign that has already been picked up by the gaming "journalist" sites to spread and so they don't need to risk keeping it up any longer.

They require someone else's permission to use any trademark they do not own in order to promote themselves.

They do have permission to show the game on their own site, their own game store, but they don't have permission to do more with it.

Meh I didn't really care. As for double standards, that's life.

It doesn't really matter, the majority of people already made their mind on which platform they will play on.

I mean that there are very specific conditions where they can put it, which doesn't include setting up billboards, making websites, sending out tweets, hiring sign twirlers, etc. that could be used to attract people to their system. Amazon can sell Disney movies, but they can't use any of the Disney copyrights or trademarks in their ads to promote and sell their own products without permission. You can't use someone else's intellectual property to promote your own company. This is copyright and trademark law 101.

That is indeed true... and so you would have to question why they have done this, unless they know something we dont about how sales are currently going.

Shame it will take another week before we start getting data back, but it may not be until October until we know how good or bad.

So you're equating an unscripted remark in an interview, sensible or not, with an actually planned out and paid for stealth ad campaign and suggesting they should come in for equal criticism? And if not then there is a double standard of some sort? Let's talk when Sony starts an ad campaign calling EA Access a PoS waste of money.

Did MS actually create an Xbox branded fragrance called Destiny? If not then they are not advertising a fragrance, they are advertising the Destiny game. You can't claim to be advertising something that doesn't actually exist. So if it ever came to a legal issue MS would be deemed to be advertising the game and hence subject to whatever consequence might exist under the exclusive advertising deal. But I'm sure there is nothing that MS has done to breech the terms of the advertising deal because MS is not a party to the contract. MS just has no right to use any Destiny (or Bungie, or Activision) copyright or trademark material in its advertising of the game, hence they can't use the game logo, or character models or such things. So while a legal assessment would say that they are advertising they game, as far as I can tell MS has not done anything to break copyright or trademark laws. This is why MS says that there is an exciting new FPS coming to Xb one. If they said there was an "exciting new FPS called Destiny coming to Xb one" they would be in breech of Trademark rules because Desinty as the name of a FPS game is trademarked, and MS has no right to use the word Destiny within the terms of the Destiny game trademark.

The troll element isn;t that they are advertising the game in a way that does not breech copyright or trademark. The troll is the fragrance thing, which was a negative characterisation of the game title back when it was first being talked about "Destiny sounds like a cheap fragrance". It's funny, because it does sound like a cheap fragrance. But I think it is not in good taste for MS to use that negative characterisation in its advertising for Destiny. Shows a lack of creativity too to be using insults from internet forums as the basis for your advertising campaign.

Now if Sony went off and said "EA Access sounds like a dating website for desperate singles" there might be something to talk about in terms of double standards.

Edit: I see MS did say Destiny is a new FPS coming to Xbox. So that means if someone was going to bother they probably could get soney on a breech of Trademark in the advertising. But no one will bother taking legal actions because: a) Sony would look like a sore winner, and would get a lot of shit over making a big deal out of nothing; and b) Acti and Bungie have no reason to complain, their game is being advertised for them on the other platforms and they aren't paying a thing for it. Where Sony would have a right ot be pissed, and take legal action, is if there was an actual conspiracy with MS and Acti to facilitate this ad. And Sony would be taking Acti (or Bungie) to court over it for breech of contract, not MS. But Sony wouldn't do that either, probably, because they don;t really want to piss off Acti.

I don't care about the fragrance commercial. Pretty sure Sony will be happy with the ridiculous numbers they post w/ Destiny, and Bungie will be happy for the sales everywhere.

ms = evil*
sony = good*







*right now, could Change ín future

Gamers bitching and over-reacting on the internet . I'm shocked......