‘Fame Does Not Create a Trademark’: Sony, Tencent’s War of Words Over Horizon Rip-Off Rage On

Image: Push SquareTencent is not backing down in its fight against Sony over the alleged Horizon rip-off Light of Motiram.

The two organisations have gone back-and-forth in the courts a couple of times now, with the PlayStation maker originally describing its Chinese rival’s effort as a “slavish clone”.

It sought the complete elimination of the project, which it said could materially impact the future growth of the Horizon franchise due to its similarities.

Tencent responded by filing a motion to dismiss, arguing that Sony is seeking “an impermissible monopoly on genre conventions”. It pointed out that the PlayStation property also shares similarities with games like The Legend of Zelda and Enslaved: Odyssey to the West.

PlayStation then rubbished the company’s arguments as “nonsense” and accused it of trying to hide behind its many subsidiaries.

Now Tencent has once again responded, asking courts to yet again dismiss the case, as reported by The Game Post.

The firm pointed out that with Light of Motiram not scheduled to release until late 2027, the Japanese giant is complaining about “future conduct” regarding a project that’s unreleased. It argued that the case is premature, and doesn’t warrant consideration at this stage.

It reiterated that Sony is suing the wrong entity, as Tencent Holdings is “not the developer or publisher” of the game in question. It noted that Tencent Shanghai and Proximity Beta are the makers of the title – separate entities which are subsidiaries of Tencent.

The firm also hit back at PlayStation’s arguments regarding protagonist Aloy, claiming “fame does not make a trademark”.

It said Sony can’t rely on the character’s popularity or recognisability alone, and argued that the company has failed to “identify Aloy’s appearance as a trademark outside of the game”.

“In the complaint, Sony says that the purported mark is characterised by its attire, accessories, and facial markings. But generalised descriptions are not enough to identify a trademark,” it countered.

Sony and Tencent have now both had an opportunity to make their arguments, and subsequently the courts will decide whether this case goes further or is dismissed.

PlayStation will be hoping to take things to the next stage, as it ultimately wants to pull the plug on Light of Motiram. The Chinese firm, meanwhile, wants the whole case to be dismissed.

Assuming the courts rule in Sony’s favour, there could be a long legal battle ahead, unless Tencent eventually decides to settle.

We should get some kind of ruling on whether this case will continue in the not-too distant future.