this post was submitted on 31 Jan 2024
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Ayaneo Flip is less Steam Deck and more Nintendo DS (www.pcgamesn.com)
submitted 10 months ago by [email protected] to c/[email protected]
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[–] [email protected] 7 points 10 months ago (3 children)

I'm honestly surprised they can even use the DS name. I assumed Nintendo had trademarked that in every way possible

[–] [email protected] 13 points 10 months ago (1 children)

"DS" Stand for dual screen. Is it a descriptive element, and not a distinctive element.

[–] [email protected] 8 points 10 months ago* (last edited 10 months ago) (1 children)

Well yes but actually no. The phrase "dual screen" is descriptive yes. But that is not what Nintendo called their product. The official name for the Nintendo DS is, well, Nintendo DS. So they very well could have trademarked the "DS" naming to keep for themselves for all eternity. Especially since they could argue that the shortened "DS" is distinctive since it is an abbreviation and not just a plain description.

All I'm saying is I'm surprised the asshole suits at Nintendo didn't do it, don't know if they tried but failed though.

[–] [email protected] 2 points 10 months ago (1 children)

I don't think you can trademark an abbreviation just by itself, right? DS could stand for a multitude of things, so they would be hard pressed to try and prove how it couldn't mean anything else but a (Nintendo) DS.

[–] [email protected] 1 points 10 months ago

I think the general likeness of the product and intended use plays a large part when it comes to lawsuits regarding trademarks etc..

Consider this product:

  • It's a gaming console
  • It's dual screen
  • It's clamshell
  • It has the abbreviation "DS" in their model name, hinting at dual screens.

Compare that to a fictional product, an European rustbucket of a car: the Centaur Avante DS 340.

  • Is not a gaming console
  • Doesn't have dual screen
  • Is not clamshell
  • Has the abbreviation "DS" in their model name, hinting at "Direct Steering" since it's the model without powersteering.

I think this product would be more at risk of being sued by Nintendo rather than the fictional car manufacturer...

[–] shinnoodles 11 points 10 months ago (1 children)

I'm gonna assume it's a "lmao China" moment when it comes to copyright.

[–] [email protected] 2 points 10 months ago

It would actually be trademark and not copyright, and as such it requires constant market use by the trademark holder, and Nintendo has stopped using the DS trademark

[–] AnUnusualRelic 2 points 10 months ago (1 children)

Citroën did the DS long before Nintendo did.

[–] [email protected] 0 points 10 months ago (1 children)

Did not know that, might be due to that then

[–] AnUnusualRelic 1 points 10 months ago

Hard to say. You can look it up if you want.