"Sony may be annoyed that it has to follow the correct procedures."
Tencent has filed an official response to Sony's lawsuit regarding the alleged cloning of the Horizon series. In the documents, Tencent emphasizes that "popularity does not create a trademark", referring to the character Aloy from the Horizon games.
Sony accuses Tencent of copyright and trademark infringement due to Light of Motiram, which the Japanese company called an "outright copy" of the Horizon series. Sony has already filed a motion to ban the game's release. Now, Tencent is defending itself, arguing that the court in San Francisco does not have personal jurisdiction over Tencent Holdings, and Sony has failed to clearly identify its alleged trademark.
Tencent Holdings did not participate in the meeting with Sony in San Francisco in March 2024 and did not engage in marketing Light of Motiram in the United States. Tencent's argument is similar to the company's previous responses: Sony filed a lawsuit against the wrong legal entities. Tencent points out that Sony has not proven "intent" — no Tencent Holdings employee attended the meeting in San Francisco, and the company did not plan, authorize, or contribute to any violations.
Tencent Holdings registered the Light of Motiram trademark solely for administrative purposes for trademark management outside of China. The company did not participate in marketing, and Sony has not provided sufficient evidence that the registration was aimed at attracting an audience across the country.
Sony may be annoyed that it has to follow the correct procedures and file a lawsuit against those who, it claims, are actually responsible parties. However, this is not a reason to allow a defective claim against defendants who are not responsible for the alleged violations.
Tencent also notes that Sony did not specify a specific and consistent trademark. The company called it "the character Aloy" but did not explain exactly what she looks like. Instead of an accurate description, Sony claims that "the audience recognizes the character Aloy".
Tencent does not dispute that gamers know Aloy as a game character, but Sony has not identified Aloy's appearance as a trademark outside of the game. The character is characterized by clothing, accessories, and facial markings, however "generalized descriptions are insufficient to identify a trademark".
