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.

How To Do Business On Second Life Video

Avatar Sued in Real World?

John Doe, in this copyright infringement case, may have been identified.

Do We Need Dispute Resolution in Virtual Worlds?

Colin Rule has an entry on his blog on “disputes growing in virtual worlds”, and links to this business shrink article. Mr. Rule recommends dispute resolution. One could image a mediation center.

I played around with the idea, and the policy could be something like this:

Conflict Solving/Dispute Resolution

If a citizen breaches the Virtual World (VW) Code of Conduct, and thus griefs another citizen, the aggrieved citizen will be able to log in his complaint in the grievance/grumble book.

a) First step: private settlements are encouraged
VW encourages its players to try to solve their conflicts in a private settlements. VW will provide a neutral place on VW to meet and discuss the conflict, and hopefully find a way to solve the conflict amicably

b) Second Step: VW Mediation Center
The VW Mediation center is made out of a panel of seven mediators. Five of them are VW citizens in good standing, and two of them are VW employees. Mediators will be compensated in the VW currency, to be determined.

The mediators will hear the grievances of the parties, and work together at helping the parties find a way to resolve their conflict.

The mediation is either made live, on real time, or in differed time. In that case, the aggrieved citizens first write their grievance in the grievance/grumble book, then the mediators post their comments and suggestions.

If all the aggrieved citizens accept that practice, the citizens may first communicate their side of the stories to the mediators via a private chat session.

c) Third Step: Arbitration, the VW Wizavatars
If a solution to a conflict between citizens cannot be solved by mediation, the citizens agree to submit their claim to the Wizavatars who will act as final arbitrators of the conflict.

The Wizavatars are elected every three months by the citizens in good standing.
VW reserves the right to increase the number of VW if the number of conflicts presented to their arbitration makes it necessary.

The decision of the Wizavatars are final: the citizens must agree to accept them and to act conforming to the decision. Failure to do so may result in the immediate termination of the citizen’s account.

Course on Virtual World at Harvard

Professor Rebecca Nesson is teaching a course about Second Life at Harvard extension course. Where else can you get graded on making a SL object? I am still in the sandbox, trying to make cubes...

Mondes Virtuels et Loi

Mondes virtuels et monde réel sont de plus en plus liés, et la question de la régulation de ces mondes virtuels par le législateur et les juges du monde réel est épineux. Comment le législateur réel pourrait-il légiférer le monde virtuel ? Devrait-il préalablement créer son propre avatar ? Le sénateur américain Mark Warner est devenu en 2006 le premier législateur à faire son entrée officielle dans Second Life. Depuis, d’autres politiciens ont suivis. L’ouverture du siège virtuel du Front National a d’ailleurs donné lieu à des protestations virtuelles véhémentes.

Il n’y a pas (encore) de police dans Second Life. En revanche, des avocats américains ont déjà établis des bureaux dans le monde virtuel de Second Life. Second Life a même son propre barreau depuis décembre 2006, la Second Life Bar Association.

Jurisdiction & the Internet, once again

What is the geographic location of Second Life? It is a virtual world, accessible all around the world through Internet. No passport, but one password.

However, its servers are located in the U.S., and Linden Research Inc is located in San Francisco.

Several French non-profit organizations have recently asked a French Court to issue an injunction, seeking to bar minors access to Second Life. The Court found that the evidence presented by the plaintiffs were not probative enough, and refused to issue the injunction.

Comment on the decision on the official Second Life blog here.

On the issue of jurisdiction of the French court over Second Life, Linden Research had argued thatFrench law is not applicable to Second Life, because“ the content of the site www.secondlife.com is entirely written in English, as are the majority of “islands” created by users, among which only a few (…) are targeting the French public.”

The A.F.A., representing French Internet providers, argued that “the unlawfulness of a web site can be appreciated by the French law only if the site is targeting the French public” and concluded that second life is only a “passive “site.

The court held that even though English is the prevalent language spoken on Second Life’s islands, Second Life cannot deny that it is targeting an international audience. The court also refered to the fact that several French politicians, business person and artists are using second life.

Since the damage is felt in France, the Court concluded that it has jurisdiction over the case according to the article 46 of the French Civil Procedure Code. It is the same article that was used by the French Court in the now uber-famous LICRA v.Yahoo case.

Article 46 of the NCPC: (via Legifrance, French Codes in English)

The claimant may seize at his choice, in addition to the court in whose province the defendant has established his dwelling;

- in contractual matters, the court in whose province actual delivery of the personalty or in whose province the performance of the agreed service has been contemplated;

- in delictual matters, the court in whose province the wrongful act was occasioned or the one in whose province the damage was suffered;

- in mixed matters, the court in whose province the immovable is situated;

- in matters of spousal maintenance or contribution to the expenses of marriage, the court in whose province the creditor has established his dwelling