Friday, November 14, 2008

Avatars hath arrived!

You would think that with an economy spiraling downwards, proactively protecting your trademarks in the real would be enough. Not really. Think more on the lines of seriously expanding the list. Enter Second Life.

USPTO approved the registration of Aimee Weber, an Avatar, in Int'l Class 042 as "Computer programming services, namely, content creation for virtual worlds and three dimensional platforms."

So what is interesting is that a trademark right created for use in the virtual world satisfies the "use in commerce" requirement under the Lanham Act and is now enforceable outside of the virtual world. A trademark owner in the physical world can also now hunt down the trademark infringers in Second Life. Companies such as Reuters, Reebok, Warner Music etc set up virtual stores in Second Life long ago. With a convertible currency, identifiable losses and often times blatant instances of dilution, proactively protecting trademarks in this virtual world is a real problem.

Links:
Virtually Blind - Interview
Virtually Blind - Instances of Trademark Infringement

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