Why isn’t the PS5 here already?
The Indian gaming community can’t wait for the new PlayStation. What’s holding the India launch?
It’s the time of the year when people indulge in pleasures such as watching Home Alone for the nth time and splurging on presents for each other.
Perhaps the hottest gift in the market right now is Sony’s PlayStation 5 (‘PS5’). But if you try purchasing it on Amazon, you’ll realize that the gaming console isn’t available in India. The website simply says, “Late 2020.”
If current reports are to be believed then it seems like the launch may extend to January 2021. Why is Sony missing out on Christmas and New Years sales in India? Today’s story explains.
Murphy’s Law
The pandemic hit supply chains hard. A part of the delay is attributable to this. Even when the PS5 reaches India, it’ll take a while for Sony to be able to meet demand. So, expect lots of ‘Out of Stock’ signs in stores and online.
That being said, there’s a specific reason why Sony hasn’t entered the Indian market yet. It has to do with trade marks.
A man named Hitesh Aswani filed a trade mark application for ‘PS5’ in October 2019. This mark was intended to be used for several purposes, including –
(a) home video game consoles used with televisions;
(b) amusement machines; and,
(c) electronic action toys.
Aswani thought that it would be a great idea to get the mark registered before Sony so that he could reap the benefits later. And, for a while, the trick worked. When Sony tried registering the PS5 trade mark, its application was objected. This put a spanner in its launch plans.
David v. Goliath?
How can this happen, you ask?
Trade mark applications work on a first-come first-serve basis. If you want to file an application for ‘PS6’ tomorrow, you can. It’s a separate thing that you may not receive the registration. However, till your application is pending (which can take up to two years), you can prevent someone else from obtaining a registration.
This is exactly what happened in the Aswani-Sony case. Aswani hadn’t received a registration for the PS5 mark; but the fact that he filed first meant that he could object to Sony’s subsequent application.
Sony could’ve taken this matter to court. After all, the ‘PS’ series is a well-known mark that is globally recognised as belonging to Sony. This is exactly what Sony submitted to the registry. It argued that Aswani was a “habitual offender” who had “blatantly copied” Sony’s renowned mark.
Squatting Not Allowed
To be clear, Aswani had no case. He wasn’t using the mark himself; neither did he seem interested in selling gaming consoles.
Such people are called trade mark squatters. These are entities who try registering famous marks in the hopes of making a nifty profit when the actual company files for registration. India is no stranger to squatters. Courts have, however, recognised this issue and are willing to grant effective remedies to genuine proprietors of trade marks.
Sony didn’t have to go to court since Aswani subsequently withdrew his application. Why? Pressure, money, introspection – who knows? For gaming fans, this is great news. With some luck, the PS5 will hit Indian markets within a month.
Stay WorldWise!
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