Video Game Law Blog

June 03, 2005

The PSP, Sony's handheld answer to the Nintendo GameBoy and DS, has not yet launched in Europe and has had its launch date delayed more than once. ElectricBirdLand is one of the online stores importing Japanese PSPs to Europe for retail sale, prompting Sony to respond this past April with cease and desist orders. However, according to Dan Morelle, the managing director of ElectricBirdLand, Sony may not have the European intellectual property protection it needs to stop importers. Morelle reports that 'PSP"? is used by UK firm Owtanet Ltd for their 'Publishing, Shopping and Profiles"? software, and Owtanet claims to have registered a trademark in PSP in 2000, and that legal proceedings are currently underway. Furthermore, Morelle claims that Advanced Micro Devices (AMD) is contesting Sony's use of 'UMD"? to describe its optical discs, on the grounds that it is confusingly similar to 'AMD"?. Morelle states that ElectricBirdLand will continue to sell PSPs in Europe until Sony can establish how it is being harmed by import sales.

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