R
Rösti
Unconfirmed Member
Back in March, I wrote about the case between Sony Computer Entertainment Europe and Crunchy Games over the trademark Ember, where Crunchy Games wanted to use the name for its upcoming sci-fi MMO, and petitioned for Sony's trademark to be cancelled (due to them not using it for the past five years). It can be read in full here: http://www.neogaf.com/forum/showthread.php?t=783006&highlight=crunchy+games
I can provide an update on this, as recent documents show that Sony, due to not providing an answer to the Notice of Default issued on April 30, will lose their trademark Ember (in the US). Sony was given thirty days from the mailing date of this order to show cause why judgment by default should not be entered against them in accordance with Fed. R. Civ. P. 55(b)(2). Sony did, as mentioned, not provide an answer and today, on July 15, the USPTO announced its decision:
Source: http://ttabvue.uspto.gov/ttabvue/v?pno=92058767&pty=CAN&eno=7
This wouldn't be very interesting were it not for the European trademark filing for Ember, as I wrote in the original thread about this case. Filing 012674198 for Ember, filed on March 7, now has the status "Application published" with End of opposition period set on July 25. So far there has been 0 oppositions, which means simply that it will be Sony property in little more than a week (legally a few things remain, but still). The filing can be examined here: https://oami.europa.eu/eSearch/#details/trademarks/012674198
Sony here has an obvious intent to use this mark in some way, the goods and services point to computer game software and video game software. And they will be able to do so in Europe, but apparently not in the US due to the Trademark Trial and Appeal Board's decision. Ember never materialized and appears to have been some demo for PS Eye so Sony really hadn't much to play with here. I still find it strange that they provided no answer at all, they could have said something and just have it over with. Now they have to come up with a new name for this game should they deem it appropriate for the US audience. Perhaps we'll know more at gamescom. There you have it anyway.
I can provide an update on this, as recent documents show that Sony, due to not providing an answer to the Notice of Default issued on April 30, will lose their trademark Ember (in the US). Sony was given thirty days from the mailing date of this order to show cause why judgment by default should not be entered against them in accordance with Fed. R. Civ. P. 55(b)(2). Sony did, as mentioned, not provide an answer and today, on July 15, the USPTO announced its decision:
Source: http://ttabvue.uspto.gov/ttabvue/v?pno=92058767&pty=CAN&eno=7
This wouldn't be very interesting were it not for the European trademark filing for Ember, as I wrote in the original thread about this case. Filing 012674198 for Ember, filed on March 7, now has the status "Application published" with End of opposition period set on July 25. So far there has been 0 oppositions, which means simply that it will be Sony property in little more than a week (legally a few things remain, but still). The filing can be examined here: https://oami.europa.eu/eSearch/#details/trademarks/012674198
Sony here has an obvious intent to use this mark in some way, the goods and services point to computer game software and video game software. And they will be able to do so in Europe, but apparently not in the US due to the Trademark Trial and Appeal Board's decision. Ember never materialized and appears to have been some demo for PS Eye so Sony really hadn't much to play with here. I still find it strange that they provided no answer at all, they could have said something and just have it over with. Now they have to come up with a new name for this game should they deem it appropriate for the US audience. Perhaps we'll know more at gamescom. There you have it anyway.