Question For LL Re: Trademark Violations

Ok.... there were SEVERAL sellers trying to make a buck off of the death of Micheal Jackson. These sellers posted their items less than 24 hours of his death. For someone to try to make a few Lindens from this situation is absolutely LOW CLASS. Therefore, I made COMPLETE OUTFITS and offered for FREE.

As of TODAY, LL is pulling off ALL of Micheal Jackson items for TRADEMARK violations. Even the ones offered for FREE. I understand trademark issues but my question is for LINDEN LABS as to trademark violations. THERE ARE THOUSANDS of copy write violations on Xstreet! WHY is it ok for SOME items to be there and not others? There are rock band logos, beer logos, FULL PERM Harley Davidson textures, celebrity skins, Playboy items WITH the RL logo. Some of these items have been on Xstreet for a YEAR! Why are these ok and not in violation of TOS?

Simply because MJ is hot, so upon his death, the lawyers handling his legal properties knew there would be a HUGE amount of MJ stuff hitting the street, especially in online communities these would appear fast. And it's extremely easy to find them too.
LL probably got some 20 letters from lawyers within the first 2 hours after MJ's death.

It's simply easier to pick up violations during these peak times than it is at any other time. They KNOW there will be lots of easy to find content there. For other brand names, it won't be so simple. Playboy signs are generally not NAMED "playboy sign", and because of that harder to identify.

LL and legal companies will regularly do keyword searches, but not continuously. MJ's death is a logical time for them to search for illegal MJ content, 2-3 times a day. Simple as that.

Still didn't get any letter about that one of a kind memorablia I put up on xstreet myself for a bargain price of only 7500L$ though O.o

It's never as simple is "something is trademarked so it isn't allowed", some mark holders even encourage their names to be spread around. When LL pulls something, it's because someone with a real life interest has sent a nastygram.

At one point Coca-Cola demanded takedowns like this, then a few weeks later reversed direction and said it was OK for SL creators to use their trademark.

I think LL are just protecting their backsides methinks however the link below makes an interesting read generally, so who knows what is happening and why LL are removing MJ stuff and left everything else, unless they have already received a DMCA notice for this and that is why they are taking this down and leaving the other copyrighted stuff up as they havent had a DMCA for those items

http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202431816026&Michael_Jacksons_estate_will_keep_busy_protecting_IP_rights_&slreturn=1

LOL!

I think MJ's, lawyers were not worried AT ALL about MJ knockoffs in a virtual world known as Second Life, in the first 2 hours after his death.

I am sure their first thoughts were: Hmm...do i keep working without knowing who will be paying my bills or if the estate can afford me after all the dust settles.

LL doesn't have the manpower to go scouring the grid for these things, and even if they did, it's the trademark owner's responsibility to protect their property. If they file a complaint, LL will act.

Thanks for the response guys I figured that it would probably happen with LL taking all of that stuff off of SLX. The ONLY reason why I put my outfits ABSOFRIGGINGLUTELY FREE in the first place was because it REALLY pissed me off that others were just trying to make a few bucks off of the pop stars death. For those of us that grew up with the Jackson 5 and basically saw Micheal & the rest of the Jackson grow up, I thought it was a mockery from others doing so called "tributes" and charging for the items. LL was probably covering their backside and I TOTALLY understand that. I was/am just curious as to why other items are there that are OBVIOUS trademark violations. The Playboy logo for example... eeesh... do a search. There are a bazillion!

I think a Good Part of it Happens to be that people are forgetting this is a Human Life we are Discussing.
Micheal Jackson Was a Man. Not an Icon, Not a Logo, Not Character in a Performance, He was a real Flesh and Blood Human being with Parents and Siblings, and friends, and Childen. people who, For all Micheals Apparent Imperfections, Loved him, and will be Deeply wounded by his Passing so Suddenly.
There is a word for people who would Make Profit off of his name under such a circumstance as this, But i won't say any more on this.

I think LL Used the Trademark Infringement Issue as a Solid reason to Halt this Practice, But i strongly believe they did so NOT for the Monitary or legal issues, But simply in the Name of Good taste, and Common Human Decency.
LL does not, I believe, want it's self, Or it's clients (Us) to be Affiliated with the sort of people who would try to Drink the Jackson Family's tears at this Saddest of times in thier Lives.

Thank you LL for showing Real Character at this time, and i Truely Hope All of Us can show some Real respect, and let this Family grieve in peace.

Angel.

You're at risk of wearing out the mechanism in your shift key

this kinda sounds like abuse of the rules due to personal opinion...

Perhaps, But an Understandable, and Forgivable one, and of course it would only BE an abuse of the rule if the objects in question were NOT in violation of the trademarks. I would call it more of a "Selective application" applying the rule where it does the most good, mitigates the most harm.

I think, LL doing it's small part to spare the Jackson family any additional pain is more than ample justification, don't you?

Angel.

what exactly was removed? In the case of avatars that look like Micheal Jackson, I don't think the appearance of a human can be trademarked...

if they abuse the rules too much they weaken the rules

That's sort of an interesting one. Playboy even had its own sim or two in SL for a while, has commissioned some stuff from in-world makers, and tends to negotiate deals when it finds unofficial stuff. Takedowns aren't the only way companies can deal with this.

I've just looked on Xstreet and there is still Michael Jackson stuff being sold, including a picture and t shirt for L399 which seems a tad money grabbing.

It couldn't be because someone posted a thread complaining about it on a public forum could it?

Maybe the other things you just listed will be gone soon too. Is that your aim?



The same is true of most if not all the MJ items, I think you should not accuse people of cashing in when you do not know that to be the case.

LOL that is about the friendliest way to put it too

Uhm, last friday, a few hours after MJ's death, I visited the "new items" page on SLX. A refresh every few minutes was all that was needed to see something new MJ related come past. Some things for free, but most in the 150-750L$ range. Most have been taken down already.

I LOL'd at the "uhm" since I had just spent some time reading this website: http://www.passiveaggressivenotes.com (possible adult language in the comments there - but then so is there in this forum too )

I never said there were NO new items - just that they were not ALL new. Keep up!

(Mountains, molehills, anyone?)

I have had my "Wacko Jacko" mask on Xstreet since last Halloween and just checked and its still there.

Never sold one because its too gross. LOL

https://www.xstreetsl.com/modules.php?name=Marketplace&file=item&ItemID=935752

Oh please... if they are CHARGING it's money grubbing duh! And ... I have the right to post a thread here that is not in violation of tos and stated my reasons with the first post.

Well who can argue with this logic?

Doreese - when did I say you had no right to post? I never said that.

Yes I am sure they are evil for charging the equivalent of one real dollar for a drawing of one of Jackson's costumes. Happy? Okay.

The ones that have been pulled (most of them) were using his image.