Your SL Business Name is not Safe!!!!!

I recommend a name change for your stores to NCMFF (Not Chip Midnight's Fine Fashions).

Are you saying you own http://www.gypsymoon.com/ ?

just sayin`

Because I spoke to the real GM people about your claim and this is what they had to say (quoted with permission).



That's Candace S, one of the owners of the RL Gypsy Moon that you claim to be yours.

I "branded" myself, too, but I can't claim that it was the result of careful consideration of the possibility that someone might try to steal my (unimportant) business name.

Instead, I'm just self-absorbed.

And they have been around a while, I bought I shirt from them a years ago, lol.

Just a little word: I have contacted the Lindens in reference to patents because I saw some vendor in world that said "Patent Pending" a few months ago. I was told that LL will not allow patents on in-world items. I am going to have my wife call and ask again in a moment and see if she gets the same response. LOL

Oh snap! I've waited at least a year for something like this. Where the hell is my popcorn maker???

I, like many others, have come into SL for the sole purpose of starting an online business in a three dimensional virtual world. SL isn't just for chatting or building and scripting all kinds of silly things that don't generate any revenue.

Just look around, Linden Labs. SL is all about the virtual economy. The business of SL is business. If you don't want to chase away a lot of members who have plans to start their own virtual businesses, then you better wise up.

Business is conducted in a certain way in the real world. Business owners and would-be business owners must obey clearly spelled out laws that govern business practices. If, for instance, someone decides they want to start a shoe company called "Nike" (which has already been around for many years) then the law steps in and informs them that they must change their name or get sued.

There is no reason why business should be conducted any differently in SL. There is also no reason why I or anyone else should have to take a copyright or trademark claim from Second Life into the real world and pursue it in the courts. What happens in Second Life should stay in Second Life.

The way you could resolve this matter is by encouraging all business owners to register their business names inworld. Those who do not register risk losing the rights to their names. I'm aware that such a system is not in place yet but it must be instituted to make business fair for everyone in SL.

I feel that the failure to put this registration system in place after all these years may have just been an oversight. But, I'm hoping to see it happen very soon.

Very Sincerely,

Shawn Barrett

I know, this is awesome.

Something I have trouble with is the idea of companies possibly suing SL residents for trademark infringements. A copyright infringement I can understand. Like the case of people who make Stargate SG-1 stuff and all kinds of Star Wars and other merchandise in SL.

But a trademark infringement?

The way I understand it, trademarks are intended to help sell actual real life PHYSICAL PRODUCTS (or services). If someone sets up a diner called Denny's that is modeled after the real life restaurant, and sells virtual food there along with virtual Coca-Cola and displays posters of the Cuervo logo, are they really violating any laws in real life?

First of all, the things being sold aren't being sold for real money (even though it can possibly be exchanged for real money).

Secondly, the items being sold aren't real products; they're pixels of light created by the collision of electrons with the material inside your monitor's computer screen.

So, the way I see it, anyone in SL should be able to reproduce signs which are trademarked, but not copyrighted, in real life.

The only problem I do see with this is possible misrepresentation of the RL companies concerned. For instance, if someone photoshopped a pornographic image next to the Coca-Cola logo. But, simply creating and displaying the logo itself in SL without such misrepresentation should not be a problem.

tell that physical trademark vs digital trademark stuff to the Recording Industry

A trademark in real life is intended to help identify and sell an actual physical product or service for real money. A recording is an actual real life product which is or can be copyrighted in the real world.

If someone in SL was using the Virgin Records logo to sell actual playable copies of music or other recorded media belonging to Virgin, then that would fall under copyright violations. Also, if someone was using Virgin's logo to sell actual recordings of someone's unsigned band or any other media that did not belong to Virgin, then that would be misrepresentation.

But, simply reproducing and displaying the Virgin logo in SL does not cause any harm. At least not the way I see it. As long as it's kept in a PG area, the worst that could happen is the company gets free advertising.

I feel your pain. Cory Edo has a store called Evil Snapshot Baron. Oh wait, maybe it is called Tiny Seadog and she sells something called Oh Snap. Well, either way, you get my point.

Replace "store" with "jailhouse tattoo on her right ass cheek" and you're closer to the truth. And I paid you royalties for that. How quickly we forget once the checks start bouncing.

pics?

ROFL

I was thinking before this was posted, being a lawyer in rl how the hell do you find time to be in SL? And why would you worry about a few bucks in SL your virtual clothing get you when you are used to dig huge amounts of dollars out of our pockets?

I think Katykiwi should patent her several self-made up personalities lol

I am not sure what your comment means but have fun with your chuckle. FYI there are several attorneys in SL, one very well known to the forums for a column called Ask Jake Anything, and there is at least one cardiologist in SL!!! And OMG an emergency room physician!! And believe it or not some guy who owns a huge web site called EBAY. There are law professors here too. Your comment sounds a bit like why would the professionals want to be present in a place that lets you in.

On a more serious note, I have proposed a feature that would allow all premium members to select one business name via a Linden maintained database. and that name would appear in the members profile. No other member would be permitted to use that name while it is registered to another member.

Why have this? Well the DMCA does not cover trademarks. To protect a business name nationally in the US it must be trademarked, which is not as simple as it sounds. First the name must be eligible for trademark protection. Assuming you pass this hurdle, you file the application at a cost of nearly $400 and the process moves toward registration. Registration can take up to 18 months. During that time you may use the letters (tm) to indicate that you have claimed legal usage and during that time the trade name will not appear in the US patent office database records.

Once you obtain a registered trademark you may use the letter (r) to indicate those rights, however there is no administrative procedure for enforcement. You must actively defend against all infringement on the use of that trade name, in whatever part of the US it occurs, or you lose your rights to it. The name is considered abandoned, which is exactly how the name Gypsy Moon became available.

You will not have registered trademark protection until the 18 month registration process is completed.

For those of you in countries other than the US, you may register your trade name in the US however you must designate a US agent for correspondence and service of process.

Isnt it a lot easier to just maintain a simple database with the policy that one member cannot use a business name already in use by another member? If this sounds like a protection you would like to see in SL then please vote for proposition 1876!

well since you know everything their corporation abandoned their trademark in april. Why dont you learn the difference between a web site and the law? I never said I owned the web site and one search of the patent office database shows they abandoned it in April which means it was up for grabs!! But I am so very flattered that you are using your valuable life to check up on mine and perhaps next time you will get your facts right since I never said I owned their business, I said I own my own!

I would like now, if I may, to do my impression of 98% of the posts on this (or any) Forum.

Blah blah blah


Bitch bitch bitch


Pretend I know what I'm talking about though I'm talking out my ass


Argumentum ad hominem


Argumentum ad personum


Repeat ad nauseum


Is it any real surprise that LL wants to do away with these forums?


There's a saying about arguing on the internet... I won't repeat it cause it might be considered a flame, but I'm sure most of you know how it goes.

Regardless, she (real GM owners) sounds much more stable in her claim for the trademark. And I do like your BS. You implied owning that company twice in this very thread, and it does not take someone 2 mins to inquire if you indeed do own it.

BTW, how is it that a great lawyer like you who makes over 200 an hour so bored that you have to bother with this biz of DMCA and stuff in SL? And hmm, if your a lawyer shouldn't you just file any violations instead of talking out of your backside?

This is still something that amazes me to no end. Even if i started a serious bussiness in SL, doing a project for one more client iRL would be a vastly more efficient use of the time in regard to earning money. Do i miss something here?

I might try it for the fun of it at some time though.

you are missing out on some very high income earning that occurs in SL, some in excess of 6 figures per year which is a pretty nice self sufficient supplement!

Come on Mr. Nasty, do some homework. Jake and i do help people in SL with DMCA claims. Now your unplesantness has bored me and you are muted.

Notice that the wordmark in question is "AMY BROWN FAERYWEAR BY GYPSY MOON", not just "GYPSY MOON." As you don't own the trademark yet, and it's not expired, it's still fair game to use it.

6 figures in what currency? Anyway, i certainly admit that renting out server space is a viable bussiness. I would admit too that speculating on virtual territory might be able to support a few people. But normal manufacturing bussiness?

Sure, you have no production costs worth talking of, but you have no decay too, and the market in SL seems pretty saturated as far as i can see. I was told that for the real high quality goods you have to pay, but my experience so far tells me that goods of sufficient quality are available for free. The same goes for production facilities ( inworld-modelling-engine, the GIMP, blender, avimator, ... ).

The only viable markets seem to be land and service so far. And given the L$<->$-exchange-rate, it is difficult for me to see why anyone would spend much time in doing production bussiness in SL, except as an additional PR for a RL-bussiness.

Or for the fun of it.

But then i am relatively new to SL. Are there any statistics about the average income of SL-residents broken down to income brackets?

Thank you Katykiwi for submitting that proposal- I am off to give it my votes!