Sony Computer Entertainment Europe took today its fight to stop UK and European gamers gaining access to its new Playstation Portable console (PSP) to the High Court.
This follows on from the recent Cease and Desist orders issued to UK businesses selling imported PSP consoles to UK and European gamers desperate to get their hands on the product in light of a six month product launch delay.
Despite its claim of trademark infringement, Sony Corporation has still not admitted to the fact that it has not yet successfully secured vital trademarks for the PSP. This includes trademarks for the name PSP (a trademark currently registered by Owtanet Limited in 2000), UMD (Universal Media Disks - Sony's proprietary optical storage solution - which is owned by Olympus Corporation and being opposed by AMD), and XMB (a PSP operating system component which is used with all PSP packaging).
Moreover, whilst Sony has chosen to take action against smaller businesses, high street retailers and official Sony distributors are continuing to sell PSP products and accessories without the threat of legal action. HMV, one of the UK's leading entertainment retailers is already selling a multitude of third party PSP accessories to customers who have imported units.
Consumers can also buy PSP consoles through a variety of high street and online retailers across Europe including Netherlands, France, Germany, Denmark, Austria, Spain, Italy and Greece whilst retail chains such as Game are using imported units in-store to demonstrate PSP's capabilities.
Dan Morelle, Managing Director, ElectricBirdLand Limited is one of a handful of independent retailers willing to fight his case against Sony and has already received legal guidance on how to proceed. "As a small family run business, I cannot afford the expensive lawyers that Sony has access to at a click of its fingers so I will have to represent myself. It seems Sony has forgotten the admirable words of its founder Masaru Ibuka who once said "We shall eliminate any unfair profit seeking practices and constantly emphasise activities of real substance""