“Sony may be annoyed at having to follow the proper procedures.”
Tencent has filed a formal response to Sony’s lawsuit alleging that the Horizon series was cloned. In its filings, Tencent stresses that “popularity does not create a trademark,” referring to the character Aloy from the Horizon games.
Sony accuses Tencent of copyright and trademark infringement over Light of Motiram, which the Japanese company called “a blatant copy” of the Horizon franchise. Sony has already moved to block the game’s release. Tencent now pushes back, arguing that the San Francisco court lacks personal jurisdiction over Tencent Holdings and that Sony failed to clearly identify the trademark it claims.
Tencent Holdings did not attend the meeting with Sony in San Francisco in March 2024 and did not market Light of Motiram in the United States. Tencent’s defense echoes previous responses: Sony sued the wrong legal entities. Tencent notes that Sony has not shown “intent,” pointing out that no Tencent Holdings employee attended the San Francisco meeting and that the company did not plan, authorize, or facilitate any alleged infringement.
Tencent Holdings says it registered the Light of Motiram mark solely for administrative management of marks outside China. The company did not engage in marketing, and Sony has not produced sufficient evidence that the registration was intended to reach a nationwide audience.
Sony may be frustrated that it must adhere to proper procedures and sue those it believes are the responsible parties. That, however, does not justify allowing a flawed lawsuit against defendants who are not accountable for the alleged violations.
Tencent also points out that Sony has not identified a specific, consistent trademark. Sony labeled it “the character Aloy,” but did not describe her appearance in concrete terms. Rather than provide a precise depiction, Sony asserts that “the public recognizes the character Aloy.”
Tencent does not dispute that players recognize Aloy as a game character, but Sony has not shown that Aloy’s appearance functions as a trademark outside the game. The character is defined by clothing, accessories, and facial markings, yet “generalized descriptions are insufficient to identify a trademark.”
Source: iXBT.games