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Copyright Infringement...

Tarina Sewell
Just Browsing Thank you
Join date: 20 Jul 2007
Posts: 2,180
06-19-2009 05:19
From: sounds Turner
Hello,

The way i see it, Second Life is full of illegal activities, piracy, child pornography etc.
It only takes investigation in-world for any legal authorities to find evidence of this.
And hopefully that doesn't have to be the case here, if the labs help me resolve this.



hmm... blackmail?
RockAndRoll Michigan
Registered User
Join date: 23 Mar 2009
Posts: 589
06-19-2009 05:19
From: VonGklugelstein Alter
If it is legal, then why did the SLX Gestapo shut down my listings until I removed the word TRUly? Am I missing a secret law that places SLX above the constitution?


Because there's a difference between what is LEGAL and what a PRIVATELY OWNED CORPORATION chooses to allow on THEIR SERVERS.
Benski Trenkins
Free speech for the dumb
Join date: 23 Feb 2008
Posts: 547
06-19-2009 06:33
Hmmm, I am thinking that the OP's competitors have nothing to worry about.
He killed his own reliability very effectively in this post.

OP, don't you see that what you are doing here is damaging your business more than anybody competing with you could ever do?
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Ee Maculate
Owner of Fourmile Castle
Join date: 11 Jan 2007
Posts: 919
06-19-2009 06:57
The Official Friday Thread! :)
Argent Stonecutter
Emergency Mustelid
Join date: 20 Sep 2005
Posts: 20,263
06-19-2009 07:20
From: sounds Turner

When Coca Cola had their name used all over Second Life, they took action
Obviously Linden Labs had to take action and remove any content using their trade mark
It's interesting that you bring up Coca Cola, specifically, because Coca Cola has explicitly stated that it's OK to distribute virtual "Coca Cola" paraphernalia in Second Life.

http://www.vintfalken.com/coca-cola-releases-trademark-to-second-life-merchants/#
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Riseon Kosten
*Rizzy*
Join date: 27 Apr 2008
Posts: 305
06-19-2009 07:29



Thanks babe, that brightened up my morning. :)
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Darien Caldwell
Registered User
Join date: 12 Oct 2006
Posts: 3,127
06-19-2009 08:45
If you have a trademark on your name, file a John Doe Lawsuit and include LL in the lawsuit, subpoena Linden Lab to get the name of the person in question, amend the lawsuit once you know who is the perp.

(of course you should get professional legal advice from a licensed legal professional. The above is just my opinion and should not be construed as legal advice.)

Frankly coming here to the forums you're just asking to be abused, as you've seen. :)
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sounds Turner
Registered User
Join date: 13 Sep 2005
Posts: 160
06-19-2009 15:19
Thanks for your replys,

I didn't post this to threaten or blackmail anyone
My intentions are not to distroy or harm anybody
I definetly don't take anything said here as abuse
At the end of the day, this is just people's opinions

If i don't have a leg to stand on then i will have to forget the whole thing
But it's not right to see someone else taking advantage of a situation when
their only intentions are to to use your work to benifit their business needs.

And who said the search engine does not work on key words, that is silly.
The idea of using a search engine is to enter key words and based on the
key words used by businesse's adverts, their content will show in the search.

I didn't include names or any other incriminating evidence in my topic, if i did,
They'd be removing a lot more than a word from a few adverts, trust me.

I thought we had some sort of rights, if i'm wrong i appoligise but hope not.
If i do well in business online or offline, it won't be from taking advantage of others
Brenda Connolly
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Join date: 10 Jan 2007
Posts: 25,000
06-19-2009 15:31
From: RockAndRoll Michigan
Because there's a difference between what is LEGAL and what a PRIVATELY OWNED CORPORATION chooses to allow on THEIR SERVERS.

Besides the fact that trademarks and business advertising isn't covered in The Constitution, as far as I can tell.
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Kidd Krasner
Registered User
Join date: 1 Jan 2007
Posts: 1,938
06-19-2009 16:00
From: Brenda Connolly
Besides the fact that trademarks and business advertising isn't covered in The Constitution, as far as I can tell.

There is the commerce clause, and I'm pretty sure that business advertising counts as commerce.
Kokoro Fasching
Pixie Dust and Sugar
Join date: 23 Dec 2005
Posts: 949
06-19-2009 16:01
From: sounds Turner

My business name is registeres under the companies registeration office in Ireland
Dreamstream Medis is a trade mark name - www.cro.ie



Did a business search at www.cro.ie, and DreamStream Media is found as a registered Business name.

Please note this though from the CRO site.

From: http://www.cro.ie/ena/faqs_1.aspx

Does the registration of a company name mean that trademarks are protected also?
No. See Company Name for details on the provisions regarding names. Trademark law is separate from company law. For more information on trademarks, please see the Patents Office website.
Milla Alexandre
Milla Alexandre
Join date: 22 Jan 2007
Posts: 1,759
06-19-2009 17:27
:rolleyes: Uh gees....I never shoulda opened this....but since I did......

Firstly.....if indeed there has been real harm done by others throwing your business name in their keywords (and by real harm, I guess I mean they have copied your creations and are selling them or making a profit in any way under the guise of being affiliated with you)...then you contact legal counsil. LL is NOT legal counsil.....they cannot conceivably POLICE every sinngle user in SL and their activities. We can't even do that IRL for cripe sake....yeah we do it.....but it's tedius....and the REASON we do it is because even tho there are laws....people break them. People break them in SL too. LL hasn't got a big enough magnifying glass to possibly catch every single law breaker.

So....ya get legal counsil.....they solicit LL to hand over the names of those using your 'trademarked' name.....and you pursue the issue to whatever end you feel entitled to. Personally....if someone decides to use my business name in SL to sell stuff.....well....they couldn't possibly be making enough real world money for it to ever be worth my while to make a legal issue out of it.

Coca Cola.....well.....they had a right....but sadly....they also totally missed the obvious....that SL is one hell of a grand marketing tool. Duh..... :rolleyes:

The other thing that sort of confuses me is WHY is someone using another business name in their search keys. Is it because those businesses are sooooooo popular that they draw huge crowds? Seriously....I've never heard of your business....so seeing it in a search would mean diddly squat to me. So...again....the whole scenerio eludes me. I am not meaning to devalue your business or your complaint....it's just that it sort of puzzles me....are these people who are "stealing" your trademark making some kind of fortune off it? Is it actually WORTH the COST of taking it to the courts? *shrug* I dunno....

But....LL isn't going to get involved.....they're not lawyers and they're not police....and they sure as sh** aren't parents to all the babes in toyland.
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Argent Stonecutter
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06-19-2009 17:37
From: Milla Alexandre

Coca Cola.....well.....they had a right....but sadly....they also totally missed the obvious....that SL is one hell of a grand marketing tool. Duh..... :rolleyes:
What are you talking about? Coca Cola DIDN'T miss the obvious. They DID do exactly the right thing. Did you read the article I linked to?
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Ceka Cianci
SuperPremiumExcaliburAcc#
Join date: 31 Jul 2006
Posts: 4,489
06-19-2009 17:38
you guys will never guess what name i decided to register world wide :D
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23rdDjin Negulesco
Unfinished Build Master
Join date: 30 May 2007
Posts: 661
06-19-2009 17:51
From: Ceka Cianci
you guys will never guess what name i decided to register world wide :D



um... Dreamstream Medis? or maybe the corrected one, Dreamstream Media?

(if the latter, you've certainly racked up a high collection of google hits in such a short time...)
Ceka Cianci
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Join date: 31 Jul 2006
Posts: 4,489
06-19-2009 18:06
From: 23rdDjin Negulesco
um... Dreamstream Medis? or maybe the corrected one, Dreamstream Media?

(if the latter, you've certainly racked up a high collection of google hits in such a short time...)

WRONG!!! hehehehehe
And no silly wabbit i only said i have decided too...i haven't registered any yet..so keep guessing :p

kidding..just it's just a boring friday..there hasn't been a friday thread..and there is nothing to do *leans her chin into her palm watching her mouse crusor circle her screen over and over then hits submit*
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23rdDjin Negulesco
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Join date: 30 May 2007
Posts: 661
06-19-2009 18:12
From: Ceka Cianci
WRONG!!! hehehehehe
And no silly wabbit i only said i have decided too...i haven't registered any yet..so keep guessing :p

kidding..just it's just a boring friday..there hasn't been a friday thread..and there is nothing to do *leans her chin into her palm watching her mouse crusor circle her screen over and over then hits submit*


i thought i was SO close, too...

there are three, perhaps more, threads which have people claiming them to be "friday" threads. i can only presume that those making that claim couldn't be bothered to note when the threads began, having jumped into the proceedings at such a late time (and, yes, i AM including the international dateline in this theory ((lest anyone get bunched up about such details)) )
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Argent Stonecutter
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06-19-2009 18:26
Friday threads have started as early as the PREVIOUS friday!
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Milla Alexandre
Milla Alexandre
Join date: 22 Jan 2007
Posts: 1,759
06-19-2009 19:17
From: Argent Stonecutter
What are you talking about? Coca Cola DIDN'T miss the obvious. They DID do exactly the right thing. Did you read the article I linked to?



Nope, can't say I did....I just read what was written. But, I also can't say I recall seeing anything Coca Cola in SL......maybe I'm just not looking for it......but on the whole I don't notice very many Brand names at all in SL.

If Coca Cola took advantage, good on them. But my main point was simply when does it become 'worth it' to pursue such issues. I would be totally miffed if it meant big bucks out of my pocket because of someone mimicking or otherwise using a name I trademarked.....but in SL, I don't know......it just doesn't seem as if anyone could really make a hell of a lot by doing that. Maybe they drum up traffic.....mislead customers....but to what end? Are they becoming wealthy off their schemes? That's what i would be looking at first.......it's not exactly cheap to drag someone to court. :cool:
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23rdDjin Negulesco
Unfinished Build Master
Join date: 30 May 2007
Posts: 661
06-19-2009 19:26
From: Argent Stonecutter
Friday threads have started as early as the PREVIOUS friday!


i'm thnking that perhaps this is the real friday thread, albeit a bit late in coming:

/327/c6/326631/1.html
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Rusalka Writer
Registered User
Join date: 12 Jun 2007
Posts: 314
06-19-2009 20:07
The basis of trademark law is that you are registering your title as designating a business entity that provides a given product or service. I cannot open a soda company called Coca Cola in RL or SL, because it would mislead a consumer into believing that I sold Coca Cola products. If I opened a different soda company with an original name, I would be within my rights to say that my Original Cola was more tasty and delicious than Coca Cola. No consumer would be misled into believing that I was offering Coca Cola.
sounds Turner
Registered User
Join date: 13 Sep 2005
Posts: 160
07-23-2009 19:36
This is exactly what i was trying to point out from the start

The only reason someone else would use your name in their advertisments
without your permission and without having any of your products in their stock,
Just points out the integrity of some people's efforts to take advantage of others.

Then again, we are talking about business in sl where people rip eachother off constantly.
Their only obvious reasons are to mislead new shoppers into using their services instead
of your own, which they were searching for in the first place.

A total ripoff, personally i would avoid any business with those principles.
If i want to gain business in SL or real life, it will be through my own efforts.
Not by riding someone else and hoping to gain some extra business from them.

If i was trying to steal someone elses customers through faulse advertisments
and they contacted me about such, i would have two choises, either take out their name
from my adds or continue to use them agenst their wishes.

And i agree that i'm only the owner of the business name in my own country.
The reply to my submitted ticked was, your issue was resolved, no it wasn't

Thanks later!
DancesWithRobots Soyer
Registered User
Join date: 7 Apr 2006
Posts: 701
07-23-2009 20:30
From: Argent Stonecutter
It's interesting that you bring up Coca Cola, specifically, because Coca Cola has explicitly stated that it's OK to distribute virtual "Coca Cola" paraphernalia in Second Life.

http://www.vintfalken.com/coca-cola-releases-trademark-to-second-life-merchants/#



Beat me to it. Darn ferret.
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Lindal Kidd
Dances With Noobs
Join date: 26 Jun 2007
Posts: 8,371
07-24-2009 07:32
Sorry. If someone else was using your name before you registered it, they have a prior claim.

Registering a business name does not give you the right to "steal" it from someone who was using it first...although they might have to do some work to prove the prior use.
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Arielyn Docherty
I DO Believe in Santa!
Join date: 3 Jul 2007
Posts: 625
07-24-2009 07:54
So here's where I am confused..... Are these other businesses using the name in direct reference to your business (i.e. are they saying they are better, more up to date, etc.) or are they using the name as their own? I'm unclear as to whether you are saying they are naming their products with the same title or if they are referencing YOUR business in their ads. If I call my line of furniture "Prim Savers", or call my furniture "prim savers" in keywords, that's not exactly using Phil's store for my own advancement. If, however, I say, "My furniture is less prims than Prim Savers", I AM referencing his store (no, I don't have prim saving furniture....Phil is the king).
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