Poly Continues to Struggle with Logo Dispute
PDP Gaming seeks ban on Poly logo
As Poly continues to develop its position as a leading provider of communication and collaboration solutions, legal issues continue to hound the brand. In April 2019, we reported that PDP Gaming had launched a complaint against Poly after discovering that the company’s new logo looked very similar to the one used by the PDP brand.
Now, the PDP Gaming company has asked a federal judge to ban Poly from using the disputed logo while a legal fight is in progress. The injunction would have a significant impact on Poly, as the company has been actively showcasing its new logo as part of the rebranding strategy following the Plantronics and Polycom merger.
Unfortunately, issues regarding logos and copyright infringement aren’t always resolved with speed. It could take years before a judge officially decides whether the graphic should belong to Poly or PDP Gaming. If the PDP Gaming brand is successful at banning the use of the logo until the matter is settled, this may leave Poly without a visual identity for quite some time.
Pursuing the Copyright Case
PDP Gaming made their motion for preliminary relief after settlement talks between the brands stalled. PDP Gaming previous accused Poly of violating trademark law and claimed that the issue was particularly problematic because both companies sell headsets that could be used for gaming.
In the latest update to the case, PDP Gaming said that it had hired a graphic designer to make a new logo in January 2018 and reviewed the design in March 2018. The company’s retail partner, GameStop, began selling headsets with the PDP logo in October 2018. However, Poly has also maintained that its logo was developed independently with the support of a third-party design team.
According to Poly’s chief legal and compliance offer, the logo was developed several months before the company’s launch in March 2018. Although Poly submitted a trademark application in late February, PDP Gaming didn’t seek trademark protection until after Poly debuted their new graphic. However, that doesn’t mean that PDP Gaming isn’t entitled to some form of relief.
Could the Issue be Resolved Out of Court?
For both companies, the quicker the trademark issue is resolved, the better. Both organisations say that they were open to resolving the dispute through discussions, and high-ranking execs even had a video conference in March. A letter following the conference suggested that Poly could pay PDP Gaming to drop its claims to the logo. The letter stated that Poly might agree to pay for the costs incurred in making headsets with the disrupted mark.
The general counsel for PDP Gaming, John Alpay, also said the company was happy to explore a potential deal to resolve the lawsuit. However, the settlement conversations have been stalled since then.
A hearing on the PDP Gaming motion for a preliminary injunction is scheduled in San Diego on the 26th of July. If the motion is successful, Poly won’t be able to sell or advertise products using its new logo.