New Branding Policy
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Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
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03-25-2008 05:43
From: Madhu Maruti You know, if you *were* a lawyer you might understand the relative significance of some of the items you mentioned. That might not be as much fun as sneering at them, granted, but it seems kind of excessive to thank God for making you a person who hasn't yet learned the meanings of certain terms of art.
Linden Labs submitted an application in the United States Patent and Trademark Office for federal registration of the mark "SL" in 2007. That application has not matured into a registration. The same is true of the marks "GRID" and "HIPPO" that you mention.
It's not really correct to say that Linden has "trademarked" any of these words, though I think these applications for registration are what you are referring to. What they have done is apply for federal registration of a number of marks they use in their business. Whether those registrations will be allowed depends upon a number of factors, including use of the marks by others on related goods and services to the ones LL has specified in its application.
If those registrations are allowed, it will give Linden Labs certain rights - but again, those rights may be limited against senior users of the marks in related areas.
It's important to remember that one can use a trademark without obtaining federal registration of it. Federal registration grants certain enforcement rights, like the right to sue for infringement in federal court and the benefit of certain evidentiary presumptions about one's use of the mark, but it's not a blanket power to exclude all other uses of the words of the trademark in any context, nor even a blanket power to exclude all other uses of those words as a trademark by others. But it is funny they have even submitted "Grid" and "Hippos" into the process. |
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Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
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03-25-2008 05:45
From: Feline Slade My first thought when I read this thing was "aspirin." Companies have to show that they are making an effort to protect their brand. If they don't, they can lose it and the word becomes generic and up for grabs. It happened to Bayer with aspirin, and threatens Band-Aid, Kleenex, Q-tip, Xerox, and Google. Google does not like you to say "googling" because it devalues their brand (really).
I googled that before  Anyhow we all may need aspirin before this is done. |
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Dekka Raymaker
thinking very hard
Join date: 4 Feb 2007
Posts: 3,898
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03-25-2008 05:47
I hereby declare my name copyrighted, registered and trademarked:
Dekka ®aymake®™ ©2008
though I envy:
B®o©©oli ©u®®y™ though.
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Brenda Connolly
Un United Avatar
Join date: 10 Jan 2007
Posts: 25,000
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03-25-2008 05:49
Let's all Google Band-Aid, Kleenex, Aspirin, Q-tip, and Xerox all at once. Maybe we can crash The Internets.
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Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
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03-25-2008 05:50
I still think that a lot of this is so they can stomp out these little "open-sim" grids that are using Second Life technology before they grow.
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Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
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03-25-2008 05:51
From: Brenda Connolly Let's all Google Band-Aid, Kleenex, Aspirin, Q-tip, and Xerox all at once. Maybe we can crash The Internets. Dont forget petrol for those UKish people. |
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Dekka Raymaker
thinking very hard
Join date: 4 Feb 2007
Posts: 3,898
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03-25-2008 05:51
From: Brenda Connolly Let's all Google Band-Aid, Kleenex, Aspirin, Q-tip, and Xerox all at once. Maybe we can crash The Internets. Don't forget Hoover, but make sure you don't get the cross dressing one, he was American wasn't he? |
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Raudf Fox
(ra-ow-th)
Join date: 25 Feb 2005
Posts: 5,119
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03-25-2008 06:01
Didn't they already require that we put, "Second Life is a trademark (er something) of Linden Labs.. blah, blah, blah"?
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Anya Ristow
Vengeance Studio
Join date: 21 Sep 2006
Posts: 1,243
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03-25-2008 06:03
From: someone your SL Associated Name must not be used to refer to a business or organization that is not in or about the Second Life world. For example, if you provide architectural design services in "Real Life" (e.g., New York City) or in or for a virtual world other than the Second Life world, you must not use "SL Architectural Design Services Inc." to refer to your business providing architectural design services outside the Second Life world. If they try to enforce this one they're going to learn that the SL trademark is unenforceable outside virtual worlds. A graphic or a made-up word they can protect. Two consecutive letters they can't. Only in a virtual-world-related product is the SL mark likely to confuse anyone, and that's the criteria for protection. |
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Alyx Sands
Mental Mentor Linguist
Join date: 17 Feb 2007
Posts: 2,432
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03-25-2008 06:04
From: Matthew Dowd The bit I'm amused by is that it seems you can no longer use Second Life as a noun, only as an adjective. e.g.
my store in Second Life is not OK
my store in the Second Life world is OK
I can't see anyone actually doing that, nor LL being able to make any case against someone using the form stick...
Matthew We linguists hysterically giggle at that one..... 
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Parker McTeague
dubious
Join date: 28 Sep 2004
Posts: 198
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03-25-2008 06:23
"second lifing" is NOT OK!
just so ya know.
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Solomon Devoix
Used Register
Join date: 22 Aug 2006
Posts: 496
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03-25-2008 06:27
From: someone your SL Associated Name must not be used to refer to a business or organization that is not in or about the Second Life world. For example, if you provide architectural design services in "Real Life" (e.g., New York City) or in or for a virtual world other than the Second Life world, you must not use "SL Architectural Design Services Inc." to refer to your business providing architectural design services outside the Second Life world. It's stuff like this that really cracks me up. My RL name is Scott Lawrence. So if I'm an architect I can't decide to call my business SL Architectural Design Services Inc.? Riiiiiight. |
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Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
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03-25-2008 06:33
From: Solomon Devoix It's stuff like this that really cracks me up. My RL name is Scott Lawrence. So if I'm an architect I can't decide to call my business SL Architectural Design Services Inc.? Riiiiiight. Guess you are going to need a new RL name. Hopefully the Last names aren't all full so you won't have to AOLize it. (hmm.. wait.. is AOLize a trademark dealie?) |
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Solomon Devoix
Used Register
Join date: 22 Aug 2006
Posts: 496
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03-25-2008 06:35
Oh, yeah, I almost forgot: From: someone "Do not make up words that contain a Linden Lab brand name." So now every word that contains the letters "s" and "l" in that sequence, is now forbidden to use. That seems pretty SLoppy of them to me. Of course, we probably can't use our computers at all now, as most of them contain chips with the sl feature. [ SL processor Features of some Intel processors, including the Pentium, for reducing power consumption. These features operate at two levels: the microprocessor and the system. The processor can enter a low power state during non-processor intensive tasks (such as word processing), or a very low-power state when the computer is not in use ("sleep" mode). At the system level, system management mode can slow down, suspend, or completely shut down various system components to save energy. (1995-05-06) ] Should we also be concerned that OurHosts are now official sponsors of a terrorist organization? [sl noun a terrorist group formed in Peru in the late 1960s as a splinter group from the communist party of Peru; is among the most ruthless guerilla organizations in the world; seeks to destroy Peruvian institutions and replace them with a Maoist peasant regime; is involved in the cocaine trade; "Shining Path has been responsible for 30,000 deaths" [syn: Shining Path] WordNet® 3.0, © 2006 by Princeton University] |
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Adz Childs
Artificial Boy
Join date: 6 Apr 2006
Posts: 865
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03-25-2008 06:37
From: Solomon Devoix It's stuff like this that really cracks me up. My RL name is Scott Lawrence. So if I'm an architect I can't decide to call my business SL Architectural Design Services Inc.? Riiiiiight. In case you missed it, there is already an SL.com It is an international company based in CA and founded in 1983.
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http://slnamewatch.com — Second Life Last Name Tracking — Email Alerts — Famous People Lookup — http://adz.secondlifekid.com/ — Artificial Boy — Personal Blog From: Tofu Linden Hmm, there's nothing really helpful there, but thanks for pasting.
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Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
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03-25-2008 06:38
From: Solomon Devoix Oh, yeah, I almost forgot:
So now every word that contains the letters "s" and "l" in that sequence, is now forbidden to use.
Yep, they are trying to take the SLut out of "what comes after first" life. Disney Life here we come. Hmm.. Wait .. Disney is probably a Trademark Dealie. |
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Solomon Devoix
Used Register
Join date: 22 Aug 2006
Posts: 496
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03-25-2008 06:39
From: Adz Childs In case you missed it, there is already an SL.com
It is an international company based in CA and founded in 1983. Oh, I noticed it. And in the blog, someone already posted they'd informed that business's legal department about OurHost's little claim to that business's name, etc. I think it would be amusing if we ALL followed suit. (Or should that be, "followed LAW suit"?) |
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Solomon Devoix
Used Register
Join date: 22 Aug 2006
Posts: 496
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03-25-2008 06:48
You know, given the branding hoopla, and that fact that among other words that OurHosts are claiming as theirs and say you can't use is the word "Hippo", I'm guessing the makers of HippoTech are going to have some problems...
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Madhu Maruti
aka Carter Denja
Join date: 6 Dec 2007
Posts: 749
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03-25-2008 06:56
From: Colette Meiji But it is funny they have even submitted "Grid" and "Hippos" into the process. I don't know the story behind "hippos" but I don't think it's at all odd that they've submitted an application for the mark GRID. People, including LL, refer to Second Life as "the grid" all the time. It's not at all unusual for companies to seek registration of a term that has come to be synonymous with their product or with aspects of their product. Whether they are entitled to that registration is a different matter, but I don't see anything unusual about the application. Look, folks are going to snigger about this - people always do when intellectual property is involved - but the fact is that LL isn't doing anything out of the ordinary here, either with an aggressive application strategy or with strongly worded warnings that discourage even some activities that are likely permitted by law. Companies with brands to protect do this sort of thing all the time.
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Cherry Czervik
Came To Her Senses
Join date: 18 Feb 2006
Posts: 3,680
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03-25-2008 07:11
Again to bore about my workplace, we also have certain brands and offerings which MUST be written in a vry specific way to avoid the holy hell shitstorm of legal implications. I'm not going to be an apologist for the way this was communicated but I can see why they had to do it.
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Kallisti Burns
Discordant Designer
Join date: 8 Dec 2006
Posts: 150
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03-25-2008 07:14
Just a quickie...
How does one pronounce "®"?
I have to be sure in case I wish to mention a certain brand name while using voice...
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Morgaine Alter
dreamer
Join date: 10 Jan 2008
Posts: 1,204
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03-25-2008 07:15
I can see them wanting to trademark their name. No problem with that hope it works out for them and us thou.
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https://www.xstreetsl.com/modules.php?name=Marketplace&MerchantID=125705 From: Phil Deakins My zip gun stays right where it belongs - in my pants!
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Adz Childs
Artificial Boy
Join date: 6 Apr 2006
Posts: 865
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VWR-5831 and my response thereto
03-25-2008 07:18
VWR-5831, Automatically enforce Chat and IM compliance with proper Second Life® virtual world branding https://jira.secondlife.com/browse/VWR-5831From: Adz Childs, in comment WORKAROUND
I have created a gesture pack named
Second Life(R) Trademark Compliance Gesture Pack v1
(Note that SL^H^HSecond Life® does not currently allow "®" in object names. Compliance is impossible. )
In open chat...
o "SL" becomes SL™.
o "secondlife" becomes Second Life®.
o "lindenlab" becomes Linden Lab®.
o Anything ending with "Imagination", i.e., "Your World, Your Imagination", becomes * Imagination™.
...And several others. Suggestions welcome.
You can get the gesture pack (full rights) at Forum Cartel Hangout-clubhouse, Allana (143, 48, 36)
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http://slnamewatch.com — Second Life Last Name Tracking — Email Alerts — Famous People Lookup — http://adz.secondlifekid.com/ — Artificial Boy — Personal Blog From: Tofu Linden Hmm, there's nothing really helpful there, but thanks for pasting.
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Gummi Richthofen
Fetish's Frasier Crane!
Join date: 3 Oct 2006
Posts: 605
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03-25-2008 07:19
From: Jojogirl Bailey Guys this is pretty standard brand legal speak. Every large company has the same rules. So dont sweat it unless you are using the specific words to refer to your biz, and even then most companies allow a permission process for those who have a reason to use the trademark or brand. Im glad to see SL stepping up like a "real" company. Every keeps crying about following the rules and this is one that actually makes good business sense for SL. Not true in the least. There are several brands that have made it their business to hunt down any and all casual uses of their company or product names - it's standing instruction on my magazine to never let through subedit the names of a ballpoint pen maker, a maker of traditional paper "personal organisers"or - bizarrely - a maker of medical equipment which goes up your non-barking end. Their stiffness over the appending of (c) and (TM) is so assiduously upkept that in preference to giving them that satisfaction, we just edit out any mentions altogether. It certainly isn't standard corporate practice: we are by contrast free to mention companies like Dyson or Sun or Honda or Netgear (etc), whose claim to their trademark is just as convincing and just as well supported: it's just not as stupidly over-enforced. The basic truth is that by running Google searches, teams of lawyers can then put in regular monthly bills for nasty letters despatched to identifiable transgressors, and keep up a nice running relationship with their deluded and (very often) failing clients. These days I take that kind of behaviour as a sign of desperation and a loss of corporate courage. |
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Gummi Richthofen
Fetish's Frasier Crane!
Join date: 3 Oct 2006
Posts: 605
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03-25-2008 07:26
From: Madhu Maruti Look, folks are going to snigger about this - people always do when intellectual property is involved - but the fact is that LL isn't doing anything out of the ordinary here, either with an aggressive application strategy or with strongly worded warnings that discourage even some activities that are likely permitted by law. Companies with brands to protect do this sort of thing all the time. ...Companies with brands to protect and no idea how that protection may be achieved do it; Companies who are scared about something and fancy making a fuss to divert attention do it. Companies with no conception of what good publicity is or how it works, they do it too. Nobody gets hung for saying "Disney" instead of "Disney(TM)", nor "IBM" - not because those terms are not trademarked, but rather because the people following up on trademark enforcement are briefed not to be arses. It is definitely "out of the ordinary". Aggressive pursuers are in the minority: end of story. |