RL TM's for SL Biz?

So question peeps- How would one go about getting a TM for virtual things? Is it considered intellectual property? Is it relevant to SL? Should I bother with it?

There are reasons for the questions and am thinking the TOS is not much of an umbrella so saying- "oh you can always appeal to LL if you feel there is a violation of TOS" is disingenuous. This then leaves protection or lack there of in the Creator/Designer's hands - so yes we have DMCA - but anythign we can do to shore up our positions is a help.

Thoughts then please on TM, Copyright - what ever and their applications to SL or other VW ?

I know Amy Webber did this the whole way, even getting a trademark on her avatar with the skirt and butterfly wings. I think she has a blog somewhere about the whole process but I may be wrong. In any case, you might ask her about it. She is usually on across the street.

Thanks Rhonda!

Check with SLBA.

Thanks Treasure, friend just pointed me at them as well

(TM) and (R) just make enforcing a trademark easier, but are no guarantee in and of themselves... you can have a trademark in good standing without ever doing a thing. It's just harder to enforce later, but still can be enforced.

And even if you succeed to register, you can still lose a mark if there is someone else who had it prior and could show evidence. Registration will be reversed and rewarded to the person who has proper rights, though this is kinda rare in practise.

Finally, if you do not defend your trademark, you can lose it to public domain.

I wouldn't worry too much, though. Just have plenty of documentation of what you did, and when.

If someone is stupid enough to use your mark later, send them a message defending yours, even if you don't follow up with lawyers. You've taken pains to defend, that's enough to keep it out of public domain. And if it ever really comes into question show your documentation and history, and any trademark squatter will lose in court.



Edit: if you are in the USA, just go here http://www.uspto.gov/ , and there's some fees for registering. But just putting (TM) after your mark is free.

Alt-0153
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Just in case anyone might need it

Thank you Desmond - very informative, and thanks too for the url. Thanks Rhonda! I can't ever find that thing!

Rules for trademarks and registering them do vary by country but copyright, generally, is automatically yours when you create something. Note that trademarks are exactly that - a mark. You have sole rights to use the trademark, but putting it on something does not 'protect' that thing.

So if someone steals your content and calls it something else/by someone else they are breaching your copyright. If they put your mark/name on something they make, it is a trademark infringement.

This is a gross generalisation but: copyright protects the item, trademark protects the brand

Another person who might have some insight is Stroker Serpentine. I'm pretty sure he's got a RL TM on the Sexgen brand.

Thanks Indeterminate - my product is eyelashes- i am not the only one to make them so it is not the item itself i am concerned about -hell, the blanks for them were given to me by a good friend who also makes them so the base was not originally mine - it's ok, she shared them on purpose- my concern is really i guess with my name - Talon Faire - so it is a brand issue - the textures on each are my own with no one's cooperation - i draw those all myself so then that might be another aspect or consideration - maybe copyrights enter there - i don't know. I am researching these things- and I thank u all for the input

Exactly Amaranthim, you would protect "Talon Faire" and any symbol/logo that went with it as trademarks. Your textures would be (more or less) automatically protected by copyright as original works.