Trademark Violation

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Date: Tuesday, January 25, 2005
Violation: Terms of Service: Trademark Violation
Region: Bodega
Description: Use of trademarks without proper permission.
Action taken: Warning issued.
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I am wondering if we can get more specifics on this? I mean, lets be honest from day 1 i was tripping over TM violations left and right. SL is rife with obvious TM infrigement. So what warranted action in this case, as opposed to all the others I see in SL?

Max Case

This one was probably pointed out. I agree that a lot of infringement goes on, it's probably just a matter of someone bringing this particular instance to LL's attention.

Would you mind supplying a little more info? For instance, what kind of object was it? Did it include a trade-marked logo?

I'm curious as to the objects in question too.

Was resale involved?

That's very much along the lines of my question. I have some copyrighted images on my build, but they are not for re-sale. Am I understanding correctly that "fair use" allows me to do so provided that I don't re-sell?

Most likely due to LLabs' privacy policy, you won't find out the answers to your questions.

However, trademark violations get handled when they're reported.

Be vigilent, i guess

LF

or be sneaky. if you're a trademark violator i mean.......

From signing up for SL it was my understanding that any trademark/copyright infringements were the sole responsibility of the person(s) doing the infringing and LL is not held responsible. I think it was one of those "I agree to..." check boxes during registration. yes/no?

There is no "Fair Use" of TM. "Fair Use" applies to copyright, so yes you can use copyrighted textures on your build as long as the policy allows the use of those textures in interactive virtual worlds. I've come across a copyright policy that allows just about any use, except in interactive virtual worlds.

As for LL policy... the company has stated several times that the responsibility lies with the user, not with LL and that if brought to the attention of LL by a TM/Copyright holder, LL would not hesitate to take action against the violator.

If this cuts down on the number of blatent replicas and encourages people to be more creative then this can only be a good thing

I once saw LL take this kinda action when a group tried to use the 'Jurrasic Park' logo in world for a project.

The only time LL steps in to take care of TM infringement is when someone reports the infringement. (Or MAYBE when LL happens to see it themselves, but I bet that's very rare, if it happens at all.)

that's an interesting one..
some time ago I started a thread about this issue... .copying/selling copyrighted stuff

curious to know more about this case in question but I guess we will never know

I agree and disagree with that. I agree it'd be great to see more original works, but at the same time, it's easier for beginner builders to make something they can already see (for use as a reference model) rather than come up with something totally new.

That's why all of my projects are 'greeked'. Instead of "Coca-Cola" it's "Cake-Cola".

At the moment all I have in-game that might be considered 'marked' is my Hacker "Glider" Emblem. But that's public domain by the author.

I also have a parodied Intel Inside on my shirt.

So basically, they are waiting till Lucas calls to complain about the Star Wars store before removing it?
Dunno how much of a defense "Well, nobody called to complain. We had no idea this 'Star Wars' thing was a trademark/property of someone else" will fly.

But then, does this become a notice to LL, and will the Star Wars mega store dissappear tomorrow?

Max Case, Esq.

Yes, they are waiting for Lucas. It is the responsibility of the rights holder to file claims and protect their property, it is not the responsibility of LL to do this for them. So, LL need not worry about defending itself as long as LL acts to remove content when asked to do so by the rights holders.

For all we or LL knows, Lucas is behind the Star Wars creations in SL.