In February 2020, Sony filed a lawsuit against Multilaser (now known as Multi), accusing the company of manufacturing and selling controllers with a look identical to the DualShock. The Japanese company demanded the closure of sales and an indemnity of R$ 60 thousand. After more than two years, both brands entered into an agreement and the lawsuit was terminated.
The action was filed in the Court of Justice of the State of São Paulo (TJ-SP) and has the number of 1011272-67.2020.8.26.0100🇧🇷 In March 2020, Sony got an injunction for Multilaser to stop selling all products that had a design similar to PlayStation controllers.
As a result, the court ordered the Brazilian company to stop using the Japanese company’s trademarks such as the symbols “X, square, triangle and circle”, as well as the word “DualShock”. The penalty was a fine of BRL 5,000 for each act of non-compliance, up to a limit of BRL 50,000.
It is important to highlight that the Multilaser complied with the court decision, but stated that there was no “counterfeiting of products or infringement of the plaintiff’s trademarks”. In short, she did not admit the wrongful act.
Thus, the company filed an appeal asking for six months to deplete inventories and, consequently, terminate sales of similar controls.
On January 14, 2022, the case was “Suspended by Convention of the Parties”. From then on, both companies had 30 days to attempt an out-of-court settlement, just between them and their representatives.
It didn’t take long for both Sony and Multilaser to ask for another 30 days to settle on April 29. The same order came again on July 26, 2022.
Then, on November 1 of this year, the firms finally reached an agreement. They filed a “Request for Approval of an Attached Agreement”, that is, they asked the judge to finalize the action. He complied on the 9th of November.
Thus, the process was extinguished and its publication certificate was issued on Friday (11). It is worth noting that the terms defined between the parties are not open to the public, so we do not know what resolutions occurred in the case.
A curious point were the words of Judge Guilherme de Paula Nascente Nunes:
After the start of the executive phase, when registering future petitions, lawyers should pay attention to the use of the procedural incident number created for the sentence compliance phase, avoiding being registered as new compliance with sentence incidents, the jeopardize the speedy progress of the proceedings.
In other words, the magistrate gave the companies that sting, asking them not to waste the court’s time. First of all, let them try to resolve it between their lawyers, seeking an agreement.
Multilaser controls are no longer for sale
As soon as the process began, the Brazilian brand asked for six months to deplete its stock and remove controls from its store.
In a quick search on company website, you can see that there are no joysticks for sale anymore. The ones that appear on the list are all sold out, but the most important thing is to note that the main examples of the Sony prosecution case don’t even show up.
Apparently, this situation is already something that Multi wants to leave behind.