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Accounts Appropriating Real Life Celebrity

Csven Concord
*
Join date: 19 Mar 2005
Posts: 1,015
03-01-2006 07:20
As documented in this recent thread (Link) a question has arisen regarding whether or not people can sign up accounts that not only use the real life names of famous celebrities, but in conjunction:

- create avatars intended to mimic their real life appearance
- use as part of their in-world activities original content in order to associate with the real person or persons
- appropriate trademarks to enhance the real life association
- mislead residents about whether or not they are in fact the real persons (e.g. comments like "if they are alts" - ref )

This is the section which I would like clarified:

From: someone
You may not select as your Account ID or Avatar Name the name of another person, a name which violates any trademark right, copyright, or other proprietary right, a name which may mislead other Participants to believe you to be an employee of Linden, or a name which Linden deems in its discretion to be vulgar or otherwise offensive. Linden reserves the right to delete or change any Account ID or Avatar Name for any reason or no reason.


Given the above and the apparent Intent, the following trademarks may be of interest:

#76350897 - "Pre-recorded video and sound recordings featuring music and musical performances"
#74394447 - "entertainment services; namely, live performances by a vocal and instrumental group"

Thank you for providing further guidance in this.
Torley Linden
Enlightenment!
Join date: 15 Sep 2004
Posts: 16,530
03-03-2006 15:05
Hi Csven--just letting you know this has been forwarded to the right Lindens for further inquiry. :)
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Robin Linden
Linden Lifer
Join date: 25 Nov 2002
Posts: 1,224
03-04-2006 18:36
I'm sorry for the delay in responding to this question. Unfortunately, there isn't a clear cut answer.

What we know:
- the Second Life group who have been holding recreated U2 concerts have tried to get in touch with the band's management
- until they do, it isn't clear that the band would be unhappy with the concerts, which are meant to be in homage to the band and its charitable efforts
- there is no evidence that the concerts have been held as money-making events, or that they might not fall under the fair use provision of the copyright laws

In the absence of better information, we've asked the group to make it very clear that they are not U2, that the names U2 and Bono are registered trademarks and they intend no infringement, in a way very similar to the way we ask people using the Second Life trademark to acknowledge our ownership of the mark.

If U2 or its management contacts either the SL group or Linden Lab and feels that the avatars or the events violate their trademark registration or their copyrights, we will immediately remove the avatars and content related to the band.
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