Second Life Forums Archive - "Genericised Trademarks" and reselling

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"Genericised Trademarks" and reselling
Dillon Morenz Registered User Join date: 21 May 2006 Posts: 85	07-12-2006 16:22 I've just made something that I intended to sell without realising (until earlier) that the name is a genericised trademark. More on these here: http://en.wikipedia.org/wiki/Genericised_trademark" From: someone "Where a genericized trademark becomes or replaces the common term for a product or service, the mark has become generic. Escalator and Thomas Edison's mimeograph are classic examples." Also, according to the above URI: From: someone "In many legal systems (e.g. in the USA but not in Germany) a generic mark forms part of the public domain and can be commercially exploited by anyone." So I'm wondering where LL stands on this. Will I be in violation of the TOS if I attempt to sell something with a "genericised trademark" name in its title? (Bearing in mind that it wouldn't be unlawful in the US.) And if I only intend to sell via SLExchange and SLBoutique, would the TOS apply to this kind of sale anyway? I don't want to get told off. Or worse. _____________________
Torley Linden Enlightenment! Join date: 15 Sep 2004 Posts: 16,530	07-14-2006 10:27 Asking about this... _____________________
Ginsu Linden Junior Member Join date: 28 Jul 2005 Posts: 24	07-14-2006 17:24 To be honest, I'm not sure I understand the question. IANATL, ATINLA (I Am Not A Trademark Lawyer, And This Is Not Legal Advice), but I thought that if a mark has truly become generic under the law, then it may no longer be enforced. However, whether or not a mark has become generic is not always easy to determine, and Linden Lab cannot determine this for you. You are well advised to seek your own legal counsel if you need interpretation of applicable laws. Wikipedia is a great resource, but they would be the first to tell you (http://en.wikipedia.org/wiki/Wikipedia:Legal_disclaimer) that it is no substitute for competent legal advice.