Microsoft is facing legal action over the launch of the Kinect, slated to be announced on the 4th of November.
A company called Power Balance filed a case against Microsoft on November the first, in the Central District Court of California, alleging it breaches the Trade Dress Act (15 USC § 1125(a) and for unfair business practices.
Power Balance said Microsoft had misappropriated Power Balance’s distinctive trade dress. It specialises in hologram performance technology and claims it pioneered the market for silicone wristbands containing holograms.
“Every day, famous athletes seeing to maximise their performance become public fans of this new and innovative product,” the filing claims.
Microsoft, it’s alleged, made a silicone wristband product “that features characteristics that are confusingly similar to Power Balance’s product. On November 4, 2010, Microsoft plans to sell promotional wristbands in connection with the launch of its Xbox Kinect game system.
“If a company like Microsoft is permitted to go forward with a massive launch into commerce of products bearing Power Balance’s trade dress, the instant and widespread marketplace confusion will be permanently damaging to Power Balance.”
The company wants temporary relief, and permanent injunctive relief. It claims that Microsoft is creating a “knock off product” called the Kinect Wristband, distributed by Best Buy. This, it’s alleged mimics its own hologram wristbands.
The filing has an illustration that compares Microsoft’s wristband and its own. Power Balance said that when it learned of the imminent distribution of the Microsoft wristband, it immediately sent cease and desist notices to it and to Best Buy, demanding that Microsoft stop immediately. Neither Microsoft nor Best Buy responded to the notices.
I guess famous athletes must be pretty gullible people, to think a simple silicone wristband with some holograms on it is going to help their performance.
Either way, this company is just a bunch of scammers. There is absolutely no way their product could do anything, except sit on a wrist.
[And] I thought it was very odd that the Power Balance trade dress logo should resembles McDonalds' golden arches "M", so as to cause confusion in the marketplace. What is Power Balance's fascination with this Evil-M? Unless we're all meant to succumb a cosmic "Happy Meal", then I think we prudentially safely abandon all hope of as to getting Balance of Power, (at least within the former British colony of Virginia's capitolin hill) who enter here.
[And] Then there is also the recording artists of the sameness of name again: "Balance of Power" (coincidence? or a better question might be: WTF?). The album "Heathen" Machine", released in 2003 with John K on vocals, turned out to be "Balance of Power's" best-selling album to date; but John K has since left the band. Unless there is another John K, I don't know about... So bummer!
With endorsements supplied by famous athletes, Power Balance markets a product on a mystic basis which can neither be proven or measured. It is Sheer Quackery. But might also, Microsoft contract these athletes to do the same wizardry for them? It is likely that they will, at some point, connect Kinect with these "Jocks". So why not they skip the feint of heart, and distribute a holographic protective cuff?
But what do I know? The Tea Party coalition has said that we should all go forth and dither. Are the kinetics of some unseen energy at play? and if so, is the talisman joker embodied in these sort of silicon strap trinkets? I shudder to imagine what they'll be placing their stamp on next: palms to foreheads?
an excerpt from a Shaq Attack:
"I want to do everything to get the slightest advantage; wristbands, necklaces, t-shirts, band-aids, everything and anything we can get our hands on. I’m here to tell you it works!”
___-SHAQUILLE O'NEAL
You were probably not expecting this:
The gloves are off, now, Steve Ballmer, it is fisticuff handbags at the OK corral. You didn't see Apple doing this? Oh no, you didn't.
"Seriously, a complimentary wristband is going to scupper Kinect launch? You must change your ridiculous title".
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I read a review of a Kinect game called dance central it got an excellent score of 8/10 on IGN but one site actually headlined the only negative comment IGN gave it and made it look as though that was just the start of some sort of a real bad review which in fact was the just the opposite.