If you hadn’t already heard, Sony filed a trademark application for the phrase “Let’s Play,” and the Internet was not happy about it. I had the opportunity to give my $0.02 on the subject to Gamasutra recently, and now that the whole thing is more or less dead in the water, I thought I’d go ahead and put the rest of my thoughts down and help clear things up for anyone who might still be wondering about the whole trademark situation.
What a Trademark Is, and What it Isn’t
Whenever some vague trademark filing makes headlines, invariably there will be a number of angry people who incredulously wave their pitchforks at the notion that an evil corporation would have the audacity to try to claim ownership over a common English word or phrase. In these situations, I usually advise restraint, as much of the hostility against such filings is often due to a misunderstanding of what trademark law is meant to accomplish.
Contrary to what some people may think (including some trademark holders), getting a trademark on a word, phrase, or logo doesn’t mean you “own” that word, phrase, or logo; rather, it just means that you have the exclusive right to use that mark “in commerce” in connection with the specific type of goods or services you specified when you applied for the trademark.
Unlike a copyright (which gives an author exclusive rights over their creative work) or a patent (which gives an inventor exclusive rights over their invention), a trademark is meant to protect the general public from confusion as to the source of a good or service by giving the trademark holder the exclusive right to use the mark “in commerce” in connection with a particular type of good/service. Continue reading