Dbrand, the Canadian-based device customization company behind “Darkplates,” has been forced to abandon its custom PS5 plate business after Sony’s lawyers threatened legal action with a cease and desist letter. The development isn’t surprising, as Dbrand’s antics have been well publicized in the gaming media—for whatever reason, the company decided to bait Sony’s lawyers into taking action against it when Darkplates launched, daring the company to sue it. Sony has expectedly followed through and killed Darkplates, custom matte-black side plates for the PS5 that feature engravings reminiscent of the PlayStation brand’s trademarked symbols.
Some of the scary specifics from Sony’s legal department, per Dbrand:
…preliminary and permanent injunctive relief, Court-ordered destruction of infringing materials, and recovery of dbrand’s profits and additional monetary damages.
…extensive remedies under U.S. law, including injunctive relief against further sale of any infringing materials, destruction of all infringing materials, recovery of our client’s lost profits and damages, and statutory damages of up to $150,000 per infringed work.
…an injunction, the destruction, delivery-up and exportation of goods, prohibit[ion of] the importation of goods, and [the] award[ing of] damages and accounting of profits, punitive damages, punitive and exemplary damages, interests and costs.
“When you look at this microscopic texture inside the Darkplates, what do you see?” dbrand said in a section of its website titled “Totally legal.” “If your answer is ‘a familiar-but-legally-distinct apocalyptic spin on the classic PlayStation button shapes,’ you might be one of our lawyers.”
“Go ahead, sue us,” the top of the website read.
Sony will presumably begin selling custom plates of its own for the PlayStation 5 in the near future. The company has already released two color variations for its DualSense Wireless Controller, Midnight Black and Cosmic Red.
A full copy of Sony’s cease and desist letter can be found here.
Source: dbrand