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Trademark Violations..or not?

VolatileWhimsy Bu
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Join date: 27 Jun 2006
Posts: 1,492
07-27-2006 08:18
From: Newfie Pendragon
To add a little detail here....

The pic shown in the original post are straight from the 'creator's shop up for sale. I've been there myself, and counted no less than 18 different logos all in use on for-sale items. When the 'creator' was questioned about his possessing the licensing for the logos, he became incredibly belligerant and immediately banned the questioner from the sim. I know of at least three different people who asked him and got the same reaction.

There were at least four different AR's filed in regards to this, and in every case the AR's sat for nearly three weeks, then closed without word. In no case were the original reporter(s) told that the logos were there with permission and weren't a violation.

If these logos are indeed violations, and the Lindens dont act, then this will be a concrete example of LL's allowing trademark violations to continue. This means not only will others be able to justify their own violations ("LL let *them* do it!";), but it'll then give the eventual lawsuit the cause to yank LL in as liable.

Considering the sources of these trademarks (the NFL, the NBA, and likely EA), who are all companies that fiercely and aggressively protect their trademarks, if anything will bring in trademark lawsuits into SL, this one is a fine candidate to spark it.

Despite my own loud complaints about LL and their slack management practices, I no more want to see SL shut down from LL getting sued into nonexistence than anyone else. So if it takes a few 'busybodies' to try to prevent that from happening, would think I'll side with the 'busybodies' than those who would be too pathetic (sorry - apathetic) to lift a finger.


- Newfie


Since this is on page one, I thought you might have a difficult time remembering what you typed. So I have quoted it so it will be on the second page. You are quite welcome.
Zonax Delorean
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Join date: 5 Jun 2004
Posts: 767
07-27-2006 08:25
From: Lupus Delacroix
They will no more crack down on this than they do Flea Market sellers who make/sell bootleg product right at the stalls (where you can actually watch sometimes I might add).
[..]
Lets face it, most folks running small clothing shops AREN'T cashing out big dividends.


Yes, this is a big ethical dilemma. Let's suppose this shoe business makes about 10 USD/month from sales. If there are 20 team logos, that means 50 cents/month/team shoe.

How much would it cost to license the work? I think legal paperwork, negotiations, meetings, travel/communications, lawyer fees, etc. would cost several hundred or several thousand USD's per team.

So one can see the imbalance: to sell shoes making 50 cents/month, legal/other work costing thousands of USD's must be done. And even when the legal work is done, how much will the team get? 25 cents/month (at 50% royalties). How much does it cost to transfer 25 cents in the USA? A dollar?

So: trademark violation? Yes.
If sales are low (just a couple of bucks per month), is there any possiblity to make it legal? None.

I have no idea what a solution would be. Maybe an MPAA/RIAA (collecting agency)-like royalty system, where one can pay the RIAA directly (like radio stations) a part of the revenue.
Newfie Pendragon
Crusty and proud of it
Join date: 19 Dec 2003
Posts: 1,025
07-27-2006 08:31
From: VolatileWhimsy Bu
My my aren't you a clever one.. No, I thought you had the intelligence to see it for yourself.. Obviously I was wrong, I apologize for the assumption.
But please continue I think you can come up with better quasi intelligent digs..



I'll be happy to respond to *on topic* posts. If you're looking to make personal attack, please feel free to IM them to me.

In the meantime, perhaps you'd like to explain how you figure I'm stating that I expect to hold LL up to perfection? I at no point made that statement.


- Newfie
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VolatileWhimsy Bu
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07-27-2006 08:44
From: someone
I'll be happy to respond to *on topic* posts. If you're looking to make personal attack, please feel free to IM them to me.
In the meantime, perhaps you'd like to explain how you figure I'm stating that I expect to hold LL up to perfection? I at no point made that statement.

Previous Post
From: someone
If you really want to point out a different definition of reasonable, then by all means....say it. Then again, that might mean you'd actually have to provide a constructive statement rather than just jeering from the sidelines - sure you're ready for that change of pace?


So I have quoted your last response, below that I am quoting the previous one, where you did make a dig at me. Or was that a compliment. Please correct me if I am wrong. And I will apologize sincerly. And iming them to you, I have no problem doing that, what time would you like me to im you? If you are thinking to imply I don’t have the guts to do something as trivial as that you are mightily confused :D

I never said “perfection”, that is you interpreting it any which way but what was typed. I simply stated that more than likely they were doing a reasonable amount of policing, you stated and I quote word for word here... ;) "Despite my own loud complaints about LL and their slack management practices"
Marla Truss
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Join date: 15 Mar 2006
Posts: 197
07-27-2006 09:05
I would like to question the presumption that it is LL's responsibility to police IP violations. Certainly, there are IP (Intellectual Property) violations going on, but traditionally, it is the IP owners responsibility to police their own IPs.

Why? For one reason, without active participation of the IP owner, the police force (or in this case LL) has no surefire way to know whether there is an IP violation or not. The right to use an IP is a private contractual issue, and police and LL typically cannot and will not enforce private civil contracts unless one of the parties to the contract (or lack thereof) actively request such participation.

In this case, I would give 99% probability that it is an IP violation, but I can think of a couple of scenarios that it is not. Should LL be forced to investigate all possible cases?

Perhaps, since LL does indirectly profit from the trade, and it's occurring on LL's property, it can be argued that they do have a responsibility, but to me that's stretching things.
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milady Guillaume
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Join date: 28 Dec 2003
Posts: 696
07-27-2006 09:28
From: VolatileWhimsy Bu
Well if in real life they can not keep up with counterfeiters than how do you expect them to do so in SL?


If this is the scenerio we'd not have copyright/trademark infringement lawsuits at all since the problem is ..uncontrollable. That just isn't the case. LL has the information and they have said that the problem has been resolved. My initial question is, how much did the shoe seller pay to be able to put the logos on the shoes and sell them? At what point in the future could they possibly turn a profit? Finally, IF LL turned away from this notification by saying it was resolved and the NFL knocks on the door of Phillip's office...what then?
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Tsukasa Karuna
Master of all things desu
Join date: 30 Jun 2004
Posts: 370
07-27-2006 10:26
From: someone

Maybe an MPAA/RIAA (collecting agency)-like royalty system, where one can pay the RIAA directly (like radio stations) a part of the revenue.

ugh.. no NO NO NO NO!

That's all we need is an overbearing collecting agency overseeing LL like the idiotic one we have IRL!
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Zoe Llewelyn
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Join date: 15 Jun 2004
Posts: 502
07-27-2006 11:04
It most certainly is a trademark violation and is an actionable one in many countries including the United States, the European Union, and more. You couldn't catch me dead ripping off a company like this in SL...those guys play hardball. Clearly the cretor of these items is woefully uninformed (which does not protect them one bit) or desperately hoping the trademark holder does not find out...which is a hope that grows dimmer by the day as SL gains more and more reputation and media coverage for its entrepenureal aspects.
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Tod69 Talamasca
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Join date: 20 Sep 2005
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07-27-2006 11:09
While using these logos IS a violation, I dont see the companies making any moves to end it unless they feel it's cutting into their profits and/or reputation.
VolatileWhimsy Bu
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Join date: 27 Jun 2006
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07-27-2006 11:18
Going to an extreme point of view here, but you do know us using our little pics for our forum thingy? Like mine is holly quin, could actually be considered a trademark violation..
Kyrah Abattoir
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Posts: 2,786
07-27-2006 11:18
for the star wars example, i know Gearge Lucas studios to be very agressive with their IP (knowing an Half life mod creator i know received a nice cease and desist letter) . For example , since the star wars license is bought for the online game market i wouldn't be surprised that the cease and desist letters fall like rain once they discover what happend in secondlife.
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Zoe Llewelyn
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07-27-2006 11:20
From: VolatileWhimsy Bu
Going to an extreme point of view here, but you do know us using our little pics for our forum thingy? Like mine is holly quin, could actually be considered a trademark violation..


No it isn't because you don't profit from a forum avatar. But, even if it was...I don't use such a trademarked image. I am someone that has had to deal IRL many times with IP theft and trademark abuse myself...I tend to respect those laws personally.
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VolatileWhimsy Bu
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Join date: 27 Jun 2006
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07-27-2006 11:21
From: Zoe Llewelyn
No it isn't because you don't profit from a forum avatar. But, even if it was...I don't use such a trademarked image. I am someone that has had to deal IRL many times with IP theft and trademark abuse myself...I tend to respect those laws personally.



ahh, i thought if it was used with out permission period.. hmm well glad to know that.
Chance Takashi
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Join date: 22 Feb 2006
Posts: 25
07-27-2006 11:30
From: VolatileWhimsy Bu
ahh, i thought if it was used with out permission period.. hmm well glad to know that.


IANAL, but trademark is very different from copyright as far as IPrights go. Copyright cannot be lost except through expiration over time. Trademarks *can* be lost if they're seen to no longer represent the one trade item or company. Which is why companies vigorously defend their trademarks. This is the reason that Coca Cola comes down on people who use the word "Coke" to mean soda in general and why Sony made a big deal about other peoples' tape players not being Walkmen.

Again, not advising one way or another. I just wanted to point out what I understand is a crucial difference between trademarks and copyrights.
Tere Karuna
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Join date: 4 Jul 2004
Posts: 159
07-27-2006 11:31
Ya know what gets me; how some people will say this no big deal.. ya a problem child when bring up TM violations in SL. Yet when someone steals a design/texture in SL bloody hell is raised on the forums. Can someone please explain to me whats the difference?!

Dont jump to conclusions, Im not saying its ok to steal from other creators. Theres a lot great artist in SL.. Stroker, Chip, Munchflowe, ect, ect; that Im 100% behind when comes to them voicing concern over thier creations being ripped off. Last thing Id ever want see is such important people to SL get fedup, packup and leave. That would be a travisty IMO.

What really gets me though, is in the recent eyedropper shakeup (which was mad mojo on Lindens part, but Im sure they know that... so lets not turn this into another 50 page thread on subject.) There was a certain person that Ill leave unnamed that was right along screaming how thier creations could be ripped off, and demanding instant intervention. Latter same day I happened to be windowshopping at a SL mall and came across this unnamed person's store. In that store was like 13 items of clothing with the PlayBoy bunny logo. Ummmm isnt there a word for arguing about something ya actually doing..... yeah I think it starts with a "h" or something like that....

But atlas.. maybe there is a difference and Im too ditsy to see it :(
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Zoe Llewelyn
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Join date: 15 Jun 2004
Posts: 502
07-27-2006 11:35
From: VolatileWhimsy Bu
ahh, i thought if it was used with out permission period.. hmm well glad to know that.


There are other types of violations, but those are more obscure and don't come up often. For instance if you used a trademarked image or character in a manner that adversely affected the original trademark holder's image/reputation or adversely affected their sales by sullying the character's public image then you can be liable for damages.

So...no making that Disney porn movie for you! =P
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VolatileWhimsy Bu
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07-27-2006 11:36
From: Zoe Llewelyn
There are other types of violations, but those are more obscure and don't come up often. For instance if you used a trademarked image or character in a manner that adversely affected the original trademark holder's image/reputation or adversely affected their sales by sullying the character's public image then you can be liable for damages.

So...no making that Disney porn movie for you! =P


darnit! thats exactly what i was making too.. lol
Zoe Llewelyn
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07-27-2006 11:40
From: Tere Karuna
Can someone please explain to me whats the difference?!


There is no difference at all. Violating IP right is wrong, period.

That is why I seriously doubt you will find any of the major content creators in SL ever using someone else's IP or trademarked images, characters, logos or work. I know I sure as hell never would.

Generally the people you find in SL who do violate IP rights by using major known characters, images, etc are those who are either ignorant of IP rights issues (meaning they likely aren't IP rights holders in RL as I am) or they just don't care and want a quick buck regardless and pray they aren't caught.
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Tere Karuna
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07-27-2006 12:16
From: Zoe Llewelyn
That is why I seriously doubt you will find any of the major content creators in SL ever using someone else's IP or trademarked images, characters, logos or work.


I agree with that, and again want it known I support the major creators efforts towards protection

I also want to reply to a comment someone sent me after I made my post. "Well I can show you a big named secondlife creators outfit and show you a picture of a rl one thats nearly identical." Maybe Im mudding my own oppinion, but that I do see as different. For one thing, I wholeheartdly believe every artist out there sees something that inspires them. Maybe even inspired so much thier own art is almost identical.

Difference is (again IMO) they still created the new artwork. It happens everyday in the real fashion world, and is accepted. Its accepted when one designer makes a dress that looks extremely simular; but not accepted when the new designer uses the orignals logo. Big difference if a certain SL fashion designer sees a dress, sits down to PS and recreates it; than if just copy and pasted it. Borderline difference but I do see one ;p Now Im talking about recreates style or color matches.. not draws out the PlayBoy bunny by hand :P A brown hand bag that looks lot like a gucci handbag is one thing; a brown hand bag that looks like a gucci handbag AND has gucci emblems all over it is another.
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Sator Canetti
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Join date: 20 Sep 2005
Posts: 130
07-27-2006 15:08
From: http://www.packers.com/copyright/
Restrictions on secondary use of our materials:
The Site contains material which is derived in whole or in part from material supplied by The Green Bay Packers and other sources, and which is protected by international copyright and trademark laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials";) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of The Green Bay Packers' or other such sources' copyright, trademark and other proprietary rights. The use of any such materials on any other web site or networked computer environment is prohibited without the express written consent of The Green Bay Packers.


Emphasis theirs. It's pretty clear that the logo of the green bay packers may not be used in something like SL without written permission.

I imagine most other teams in the NFL and other sports have similar passages.
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Zonax Delorean
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07-27-2006 16:18
From: Sator Canetti
Emphasis theirs. It's pretty clear that the logo of the green bay packers may not be used in something like SL without written permission.

I imagine most other teams in the NFL and other sports have similar passages.


I still wonder whether anyone who WOULD want to pay royalties on sales would have any chance even trying to negotiate a legal contract with even one team.

I think the team's manager would just slam the phone down once he hears the deal is about 10 USD/month.

Anyone tried to negotiate a contract to use trademarks in SL? I wonder if anyone succeeded.

However, of course it's still illegal. I think culture ('free culture') would be helped most by royalty payments, percentages. Like if there's a shoe with an NFL team logo, each sales should pay 10% to the team. Of 40%... something.
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