Tencent filed its latest salvo in its ongoing legal battle with Sony on October 29 in support of a motion to dismiss the lawsuit accusing the former of infringing the Horizon franchise with its upcoming title, Light of Motiram.
Tencent told the U.S. District Judge Jacqueline Scott Corley that Sony’s complaint is based on “future conduct that has not and may never occur,” rendering the case “unripe for adjudication.”
Previously, Tencent defended its stance, claiming that Sony seeks an “impermissible monopoly on genre conventions,” citing examples such as Far Cry Primal and Enslaved: Odyssey to the West. Sony responded, calling Tencent’s defense “nonsense” and accusing the company of developing a “shell game” via its subsidiaries.
Now, Tencent has doubled down on its prior stances and stated that “no Tencent Holdings employees or executives attended the March 2024 San Francisco pitch meeting.” Furthermore, Tencent stated, “The lawsuit was brought against the wrong parties, long before many of the purported acts of infringement have even occurred…”
Dismantling Sony’s trademark claim on Aloy’s appearance, Tencent further stated:
Fame does not create a trademark; to qualify as a trademark, a mark must serve as a source identifier for a particular good or service.
While it may be true that gamers recognize Aloy as a character inside the Horizon game, Sony fails to identify Aloy’s appearance as a trademark outside the game.
To further strengthen its defense, Tencent referenced Disney’s Mickey Mouse, arguing:
Whether or not Mickey Mouse is recognizable as a single character within a movie about Mickey Mouse does not establish that Mickey Mouse can alter his appearance and still function as a single trademark… Indeed, Disney itself…has, over the years, applied to register various trademarks with different Mickey Mouse appearances.
Sony’s vague description and varying depictions of Aloy’s appearance…cannot serve as a basis. Characters only become trademarks when they are used in a consistent, identifiable manner as a source identifier…beyond their role as a game character.
Sony’s injunction hearing has been delayed from late 2025 to January 15, 2026, amid prior commitments by Sony’s lawyers and the District Judge's duties. Meanwhile, Light of Motiram’s Steam page features toned-down artwork, much of which was modified after the lawsuit was filed.
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