PDP Gaming alleges Poly copied its logo
The gaming add-ons organization Performance Designed Products LLC has filed a federal lawsuit accusing Poly of the usage of a knockoff of its logo as the centerpiece of the main rebranding initiative released ultimate week.
The lawsuit accuses Poly of violating federal trademark law through the use of the brand new brand, which PDP Gaming argues is almost equal to a logo it commenced the use of publicly in October 2018. It seeks economic damages and a permanent injunction in opposition to Poly’s use of the logo.
“We do no longer touch upon ongoing litigation commonly, but we developed our brand independently and disputed the claims raised,” a Poly spokesperson stated in a statement.
Plantronics received Polycom final 12 months, and the two organizations rebranded as Poly on the Enterprise Connect convention on March 18. The move was a great and volatile step for Poly, as it opted to retire two brands with a sturdy name reputation.
In a press release, Poly stated its new logo paid homage to the Polycom Trio conference room phone and to Plantronics’ records of creating headsets for airplane pilots.
PDP Gaming developed its brand in March 2018, posted its brand online in October 2018, and began accepting pre-orders for a headset bearing the emblem in January 2019, consistent with the organization’s lawsuit, filed remaining week in U.S. District Court in southern California.
The lawsuit makes no point out of any try using PDP Gaming to gain formal recognition of its emblem from the U.S. Patent and Trademark Office (USPTO). However, such popularity isn’t necessary for bringing match under sure sections of federal trademark law.
“The absence of registration isn’t always tremendous, but it is simply no longer an enormous problem either,” stated Bruce Ewing, an intellectual assets attorney, and companion at Minneapolis-based Dorsey & Whitney LLP.
PDP Gaming-Poly emblem dispute
In part, the lawsuit accuses Poly of violating a section of the regulation related to use of an image in a way which could reason confusion over the genuine origins of a product. PDP Gaming and the Plantronics division of Poly each make purchaser headsets for gaming.
PDP Gaming’s exceedingly short use of the emblem may want to play in Poly’s desire, Ewing said. The court docket will remember not just the marks; however the phrases and advertising and marketing surrounding each. However, Poly may additionally want to explain the way it advanced an emblem of such a comparable design.
“[PDP Gaming] has no longer been using the mark, this brand that it created, for all that long,” Ewing stated. “So I think there may be a valid question about the volume to which purchasers associate that layout with [PDP Gaming].”