Business Question

Thing is IBM is definately trademarked. Use this and IBM finds out about it, and wants to do something about it, and how much does your home sell for?

And yes, the buisnesses in SL could trademark their names. However, you can also just do a SqueezeOne did. Put your name in the store name. You can still get the ripoffs like happend to Colette, but then again, a trademark wouldn't have protected her in that case anyway.

Trademarking includes a "recognisable facimile" of the name. Variants on a theme are not protected. Rather exact (or near exact) names are. "Star Warps" with regulare lettering, would not be protected. "Star Warz" using the same font style lettering of the movie ~may~ be protected. (Would depend on the judge).

My advise; Save your $300 bucks. Change your name to your store name with your name inclusive in the name. Have a friend you trust, or yourself, make up a unique texture/font with the texture signed/marked by the artist and dated as to creation.

In other words: Make your name unique and uncopiable.

Someone opening up "Linden Lab" with the little green hand/eye symbol in SL might very well gardner some attention *smirks*

I hope you presevere through this and come out on top. People who do "the right thing" in buisnesses may move up slower and have a harder time than those that cheat/steal, but there's that old addage about looking in the mirror in the morning, and once you're at the top, no one can knock you down.

Good luck
~Jessy

I did a fair bit of research before deciding on the name Aurora. I chose it for its "New Dawn" meaning. About 3 weeks later, I stumbled upon a place called "Creations by Aurora". Interestingly, similar product to mine is sold there. Confusion? Doubtful. Would I have used the name if I'd known about this prior use? Probably.

It's a very common word, but it isn't distinctly or broadly associated with a particular product or service in Second Life, nor with a particular proprietor of similar or dissimilar goods or services. It is unlikely that my use of the mark will create confusion or in any way dilute another's use of the mark.

In the real world, the phrase at issue is about as common as bread crumbs. In Second Life, I see it used only twice. Once by the OP, and once by the evil tattoo person. There could have been any number of factors involved in the tattoo person's choice to use the name. A likely one is simply that they searched, only found one other person using it, with a completely dissimilar product, and was confident enough that it wouldn't cause confusion.

Remember, this phrase is VERY common. Notwithstanding the fact that it isn't technically a trademark owned by the OP, in order for there to be a valid concern about its use by another party, its original use must be broadly and commonly associated with the OP, and her particular business. Then you'd have a case of mark dilution by blurring, which effectively impairs the distinctiveness of the original use, and creates confusion as to who is who.

For example, Xcite! is a well known mark within Second Life, and it is famously associated with a particular Second Life Resident, and his particular line of products and services. It is distinctive in both the products it represents, as well as in how it is (mis)spelled. It's important to note that this mark is distinct in Second Life, but not First. In First Life, you'll find it used in variety of contexts, from prom dresses, a gay youth organization in Houston, to energy drinks. It would be interesting to know if anyone actually owns the mark in legal trademark form, but within the context of Second Life, trademark or not, there is an almost universal association between the mark and a particular Resident.

My advice to the OP: Continue to develop your business, and establish its distinctiveness under the name you've chosen. Don't acknowledge within your advertising material that another person is running a different business under the same name. Better yet, consider changing your business name to something more unique, and less likely to be used by others, and challenge yourself to develop and nurture a broad association within the community between your product and the name you've chosen for it. Trying to fight "first use" battles with such commonly used phrases isn't a very productive use of your time.

This is not the case with who started this thread however it brings up a point...

After reading all this one thing that really gets me about SL is how some (we won't say names) shop owners, sim owners and so on cry and cry and cry about how somebody is using something close to their name and may not even be selling the same products yet if you look the very name they are claiming is theirs that they are mad at you about is really under trademark and copyright in the first place in real life! lol

Am I missing something here? Its not everybody but alot of people do it. It seems that some owners get so wrapped up in themselves here in SL and think they are god like so much that they forget there is a real world also. SL is not protected by some magic special laws where trademarks and copyrights do not work in SL, they do.

What it boils down too...
"Practice what you preach."

One of the first things you learn in SL is you are not allowed to use brand names from RL..certain brands of trainers, soft drinks etc etc. So why should they allow the use of the brand name 'The Body Shop', it's a major company in the UK. If 'your' competitor is the 'actual' UK Body Shop then I guess you should consider a new name..But I doubt it is 'THE' body Shop in which case turn to Lindon and state your case. I reckon it's someone using a RL brand name and they shouldn't be!!

Case in point: So when you enter Second Life - it's a good idea to use the SEARCH ALL feature to see if the name you want to use is already in use (finding a island and over 20 groups owned by the same avatar that are spelled incorrectly the same way you want to spell your company name applies to this example). And when you discover this - you move on to your second choice of names for your business. Why create friction in a community?

I wanted t name my new venue "X-Ray". I searched the Second Life listings and found a new bar names X-ray. Slightly dissapointed, I moved on and found a exceptional name that I am very happy with - and it is unique to SL and like all my trademarks - does not exist in RL as a trademark at all.

For RL: Search the Trademark Eletronic Search System at http://tess2.uspto.gov/bin/gate.exe?f=tess&state=psr2j7.1.1