Trademarks & Second Life

In this article, Ross Dannenberg offers answers to the question « Do trademark laws apply in the virtual world ? » Well, yes. The answer to this question is not only a satisfying intellectual exercise for trademark practitioners, but is a crucial question for all the companies marketing their wares on Second Life and in other virtual worlds. As Mr. Dannenberg clearly states, «a trademark may have originated in either the real world or the virtual world, but each trademark serves the same ultimate purpose -- it acts as a source identifier, an indication of goodwill associated with the provider of the goods or services. » Some real life companies are expanding their marketing into virtual worlds, sometimes finding it ain’t that easy, whereas some businesses are exclusively present on Second Life, and making a killing at it to boot.

As Mr Dannenberg points out, the arrival of bona fide real world companies in Second Life expands the risk of likelihood of confusion, as both trademarked virtual goods, and fake virtual goods are presented to the public.

Once a trademark is registered, its owner can protect it on Second Life by filling a John Doe lawsuit , then subpoena Linden Lab in order to learn the real world name of the avatar that infringed the trademark. The EULA may also provide tools to protect real life trademarks.