Let's Play: Trademark Tensions

Early this month, the gaming community went wild when it was discovered that Sony Computer Entertainment of America (SCEA) filed for a trademark of the term "Let's Play." RoosterTeeth, a popular business centered on gaming and other entertainment media posted this video on the subject. 

As they mention in the video, the public does not know what SCEA would use the term for, but the trademark application referred to "electronic transmission and streaming of video games via global and local computer networks; streaming of audio, visual, and audiovisual material via global and local computer networks." In simple terms, this trademark would apply to all videos, including live feeds, of people playing video games. 

For those of us interested in the video game culture, this trademark was quite a daunting proposal. If approved, Sony would have rights to a term that has been shared and nurtured by the entire gaming community. YouTubers such as Markiplier, PewDiePie, Roosterteeth, and many others use the term in relation to their gameplay videos. If SCEA's application were approved, this would mean all of the YouTubers using "let's play" would be violating trademark and could be fined or forced to remove their videos. However, these consequences would only come about if SCEA were to file claims against the thousands of channels on Twitch and YouTube that use the term to title their videos.

Luckily, SCEA's application has been denied, but not for the reasons you would think. According to Paul Tassi from Forbes, the trademark application was denied not because of the Internet uproar it caused but because a company already trademarked the term "Let'z Play" which could cause confusion. 

However, if the preexisting trademark for "Let'z Play" did not exist, would the United States Patent and Trademark Office approve SCEA's application? This question has yet to be answered (SCEA still has time to file an appeal), but the initial application has brought up an important concern. How can we as a community protect this term? The majority of gamers it seems are perfectly content sharing the phrase. Perhaps a company could trademark "Let's Play" on behalf of the community. Perhaps that was what Sony was intending all along, to use the trademark, but not bring lawsuits against gamers who also use the term. 

This controversy brings to light the importance of slang in different communities. Terms like "top frag," "grinding," "camper, and "Let's Play" add to the rich jargon used by gamers everywhere. These phrases bring the community together and act as a sort of code, allowing us to recognize a similar passion in each other. They belong to the community because they were made popular by the community. To trademark these terms could turn culture into capitol, something that would not bode well for gamers everywhere.