Are the words “dog” and “cat” similar enough to cause confusion? Naughty Dog owner Sony thinks they are, and has used that as the basis of an official opposition to a trademark application for ‘Naughty Cat.’
Sony Interactive Entertainment has filed a Notice of Opposition with the United States Patent and Trademark Office (USPTO) against the “Naughty Cat” trademark application filed by a company called Naughty Cat Co., Limited.
This Hong Kong-based company has two apps listed on the App Store, both gambling “games” that promise to reward users with real cash. That’s a world away from the likes of The Last of Us and Uncharted, but that hasn’t stopped Sony’s lawyers from baring their teeth and barking angrily at their feline competitor.
In documents reviewed by IGN, Sony’s lawyers argue that the Naughty Cat trademark is “confusingly similar” to the Naughty Dog trademark it owns “in overall commercial impression and connotation.”
“The first, dominant element of the two marks, NAUGHTY, is identical,” Sony said. “The second elements, DOG and CAT, are highly similar in that both refer to house pets and are likely to mislead consumers into believing, mistakenly, that Naughty Cat is affiliated with SIE and/or Naughty Dog or that its goods are licensed or approved by SIE and/or Naughty Dog.”
The opposition note goes on to insist that any registration of the Naughty Cat trademark is “likely to cause confusion, or to cause mistake or to deceive the public as to the source of Applicant’s goods offered under Applicant’s Mark, to the harm and damage of SIE and the public.”
“Registration of Applicant’s Mark will lead the public to conclude, incorrectly, that Applicant is or has been affiliated or connected with SIE, and/or that Applicant’s goods provided under Applicant’s Mark are or have been authorized, sponsored, endorsed, or licensed by SIE. Issuance of any registration to Applicant for the proposed mark will result in damage to SIE and the public.”
On top of this, the Naughty Cat application claims a first use date of December 25, 2023. The Naughty Dog trademark was of course in use many years beforehand.
Whether you agree with Sony’s assertion here or not, the USPTO has outlined a schedule to resolve the dispute and set trial dates if it comes to that. Naughty Cat Co., Limited has until July 12 to answer Sony’s opposition. If it fails to do that, the USPTO may mark the application as abandoned and Sony will have their victory. If not, the dispute may go to trial in 2026.
It seems unlikely any of the developers at Naughty Dog will have much of anything to do with this trademark business. Neil Druckmann and co are busy working on Intergalactic: The Heretic Prophet and a second, secret, unannounced project.
We don’t know anything about it yet. Perhaps it’s about cats?
Photo by Patrick Pleul/picture alliance via Getty Images.
Wesley is Director, News at IGN. Find him on Twitter at @wyp100. You can reach Wesley at [email protected] or confidentially at [email protected].
