Are the phrases “dog” and “cat” related enough to trigger confusion? Naughty Dog proprietor Sony thinks they’re, and has used that as the idea of an official opposition to a trademark software for ‘Naughty Cat.’
Sony Interactive Entertainment has filed a Notice of Opposition with the United States Patent and Trademark Office (USPTO) towards the “Naughty Cat” trademark software filed by a firm known as Naughty Cat Co., Limited.
This Hong Kong-based firm has two apps listed on the App Store, each playing “games” that promise to reward customers with actual money. That’s a world away from the likes of The Last of Us and Uncharted, however that hasn’t stopped Sony’s attorneys from baring their enamel and barking angrily at their feline competitor.
In paperwork reviewed by IGN, Sony’s attorneys argue that the Naughty Cat trademark is “confusingly similar” to the Naughty Dog trademark it owns “in overall commercial impression and connotation.”
“The first, dominant element of the two marks, NAUGHTY, is identical,” Sony stated. “The second elements, DOG and CAT, are highly similar in that both refer to house pets and are likely to mislead consumers into believing, mistakenly, that Naughty Cat is affiliated with SIE and/or Naughty Dog or that its goods are licensed or approved by SIE and/or Naughty Dog.”
The opposition observe goes on to insist that any registration of the Naughty Cat trademark is “likely to cause confusion, or to cause mistake or to deceive the public as to the source of Applicant’s goods offered under Applicant’s Mark, to the harm and damage of SIE and the public.”
“Registration of Applicant’s Mark will lead the public to conclude, incorrectly, that Applicant is or has been affiliated or connected with SIE, and/or that Applicant’s goods provided under Applicant’s Mark are or have been authorized, sponsored, endorsed, or licensed by SIE. Issuance of any registration to Applicant for the proposed mark will result in damage to SIE and the public.”
On prime of this, the Naughty Cat software claims a first use date of December 25, 2023. The Naughty Dog trademark was of course in use a few years beforehand.
Whether you agree with Sony’s assertion right here or not, the USPTO has outlined a schedule to resolve the dispute and set trial dates if it comes to that. Naughty Cat Co., Limited has till July 12 to reply Sony’s opposition. If it fails to try this, the USPTO could mark the appliance as deserted and Sony can have their victory. If not, the dispute could go to trial in 2026.
It appears unlikely any of the builders at Naughty Dog can have a lot of something to do with this trademark business. Neil Druckmann and co are busy engaged on Intergalactic: The Heretic Prophet and a second, secret, unannounced project.
We don’t know something about it but. Perhaps it’s about cats?
Photo by Patrick Pleul/image alliance through Getty Images.
Wesley is Director, News at IGN. Find him on Twitter at @wyp100. You can attain Wesley at [email protected] or confidentially at [email protected].