This week, Linden Lab announced a move to quash casual infringement of marks, rights and copyrights on their Web-based Second Life goods service, Xstreet SL, among a general tightening of the listing rules.

It doesn't come as much of a surprise, really. Linden Lab has, it can be argued, a high level of contributory liability for material on Xstreet SL, compared to any user-based infringement in Second Life itself. Also, goods on Xstreet SL are readily visible to search-engines and lawyers, whereas in-world materials do not generally have that kind of visibility.

Continue reading Linden Lab tightens Xstreet SL rules

Linden Lab tightens Xstreet SL rules originally appeared on Massively on Fri, 14 Aug 2009 12:00:00 EST. Please see our terms for use of feeds.

Continue reading CCP Games trademark filing hints at new game: DUST 514

CCP Games trademark filing hints at new game: DUST 514 originally appeared on Massively on Tue, 04 Aug 2009 15:30:00 EST. Please see our terms for use of feeds.

SOE trademark filings hint at new EverQuest and EverQuest II expansions originally appeared on Massively on Wed, 17 Jun 2009 15:00:00 EST. Please see our terms for use of feeds.

One of the parties named in the Richard Minsky's trademark lawsuit is Victor Vezina, whom we haven't heard much about, and whose identity has been a bit mysterious. As it turns out, Victor Vezina is Victor Keegan, a technology writer for the Guardian.

Keegan started up an art gallery in in Second Life called 'SLart' in early 2007, prior to the establishment of Minsky's trademark -- however, legally it matters less who is first and more who gets the blessing of the US Patent and Trademarks Office (USPTO). Juris Amat, Minsky's legal representative wrote to Linden Lab on Minsky's behalf instructing them to notify Vezina to cease and desist from use of the SLART trademark in Second Life.

Well, Linden Lab has now sort of complied. Sideways.

Continue reading Minsky vs Linden Lab: The Vezina incident

Minsky vs Linden Lab: The Vezina incident originally appeared on Massively on Mon, 24 Nov 2008 21:00:00 EST. Please see our terms for use of feeds.

Well, not 'banning', per se -- the term isn't exactly a meaningful one in a Second Life context -- Linden Lab is asking for the court to approve its termination of Minsky's account as a part of a general package of relief.

As you may recall, Linden Lab and Minsky have been duking it out over trademarks: Minsky with his registered SLART trademark, and Linden Lab with its unregistered SL trademark. Now, Linden Lab doesn't normally bother with getting court-approval for terminating an account, yet they have asked for it in this instance.

Likely they're worried that if they followed their normal procedure, certain parts of the Second Life Terms of Service would fall back under court scrutiny again -- and it did not fare at all well the last time that happened.

Continue reading Minsky vs Linden Lab: Linden Lab responds, asks court to okay banning

Minsky vs Linden Lab: Linden Lab responds, asks court to okay banning originally appeared on Massively on Mon, 20 Oct 2008 17:00:00 EST. Please see our terms for use of feeds.

Another step has been taken along the road for the dispute between Richard Minsky (registered owner of the SLART trademark), and Linden Lab (applicant for the SL trademark). The United States Patent and Trademarks Office (USPTO) has dealt something of a blow to Linden Lab's background effort to convincing the USPTO that Minsky committed fraud in registering the SLART trademark and that the SLART trademark should be cancelled.

In short, the Trademark Trial and Appeal Board (TTAB) has suspended cancellation proceedings for now, so the Lab won't make any further progress on that front for the time being. Minsky asked the TTAB for the suspension of proceedings, and the Lab argued against it -- but the Lab's argument apparently didn't hold up on basic reasoning.

We realize that the suspension of a cancellation proceeding generates a little confusion. Just bear with us, okay? One part is the cancellation process by which the USPTO determines if the SLART trademark should be cancelled. Whatever happens, there's no guarantee that it will be cancelled, even if the process resumes. The process itself has been suspended however, based on the TTAB agreeing with Minsky's reasoning that the cancellation process should not proceed at this time. Suspension. Cancellation Process. Got it? Right, on with the show ...

	Are you a part of the most widely-known collaborative virtual environment or keeping a close eye on it? Massively's Second Life coverage keeps you in the loop.

Continue reading Minsky vs Linden Lab: USPTO won't cancel SLART trademark yet

Minsky vs Linden Lab: USPTO won't cancel SLART trademark yet originally appeared on Massively on Fri, 10 Oct 2008 13:00:00 EST. Please see our terms for use of feeds.

The dispute between Richard Minsky (registered owner of the SLART trademark), and Linden Lab (applicant for the SL trademark) has been heating up. Minsky previously filed a civil suit in a federal court, naming Linden Lab, Philip Rosedale, Mitch Kapor and one or more other Second Life users (as John Does) for (variously) trademark infringement, trademark dilution, tortious interference, and fraud.

Until such time as the judge decides whether a preliminary injunction should be granted, a temporary restraining order has been put in place -- most of the restraint being applied to Linden Lab. Meanwhile, Linden Lab has filed a petition of cancellation seeking to have the US Patent and Trademarks Office (USPTO) cancel Minsky's ownership of the SLART trademark.

	Are you a part of the most widely-known collaborative virtual environment or keeping a close eye on it? Massively's Second Life coverage keeps you in the loop.

Continue reading Minsky vs Linden Lab: Restraining orders and petitions

Minsky vs Linden Lab: Restraining orders and petitions originally appeared on Massively on Tue, 23 Sep 2008 10:00:00 EST. Please see our terms for use of feeds.

On a bit of a tangent to the battle between SLART's Richard Minsky and Linden Lab over the SLART trademark (which we will be getting back to, as there have been interesting developments there), we're going to take a few minutes to look at a rather interesting development surrounding the 'SL' trademark.

As we wrote previously, the 'SL' trademark is not a registered trademark in the USA, and the registration process was started almost three months after Minsky commenced the process for his SLART trademark. Linden Lab's 'SL' trademark has now reached an interesting stage.

It has been published for opposition. Let's look at what that means ...

	Are you a part of the most widely-known collaborative virtual environment or keeping a close eye on it? Massively's Second Life coverage keeps you in the loop.

Continue reading The 'SL' trademark: All those opposed?

The 'SL' trademark: All those opposed? originally appeared on Massively on Wed, 17 Sep 2008 10:00:00 EST. Please see our terms for use of feeds.

You may remember Richard Minsky, founder of The Center for Book Arts in New York City and owner of SLART Magazine. We previously wrote about his assertion of his rights and obligations with respect to his SLART trademark, which covers (among other things) Minsky's SLART magazine. The SL portion obviously represents Second Life, and the ART well... that's art.

Minsky originally filed his SLART trademark on 22 March, 2007. It was published for opposition on 18 September, 2007, and finally granted formal registration by the US Patent and Trademarks office on 18 March, 2008 (registration number 3399258). SLART, therefore, is owned by Minsky insofar as the US Government is concerned at the present time, whether that grant was conferred rightly or wrongly, unless it is somehow overturned or abandoned.

Now he has filed a civil suit in a federal court, naming Linden Lab, Philip Rosedale, Mitch Kapor and one or more other Second Life users (as John Does) for (variously) trademark infringement, trademark dilution, tortious interference (that is interference that causes injury), and fraud.

	Are you a part of the most widely-known collaborative virtual environment or keeping a close eye on it? Massively's Second Life coverage keeps you in the loop.

Continue reading Minsky vs Linden Lab: Minsky's mark

Minsky vs Linden Lab: Minsky's mark originally appeared on Massively on Wed, 03 Sep 2008 02:30:00 EST. Please see our terms for use of feeds.

Monday is a special day. Firstly, it's the fifth anniversary of Second Life -- though not the birthday, a fact which Linden Lab kind of drummed into me in 2006, when I made that mistake myself; The birthday is in March, the Lab insisted at the time, though the anniversary is in June.

The Lab seems to be changing that tune and calling June the birthday nowadays. We're not sure if that's a concession to popular misuse, or if the Lab has become genuinely confused over it. It doesn't really matter, though. Monday's a special day for more than just that.

Monday's the first day after the 90 day grace period on trademark use has expired.

Continue reading The last days of grace

The last days of grace originally appeared on Massively on Fri, 20 Jun 2008 23:00:00 EST. Please see our terms for use of feeds.

With Linden Lab's 90-day grace period on trademark usage approaching in late June, United States attorney Frank Taney of Philadelphia law firm Buchanan Ingersoll & Rooney PC will be giving a talk and Q&A session in Second Life on Trademarks for Virtual World Related Businesses on 6 June from 2:30PM to 4PM SLT (US Pacific time). Topics covered will include the use of trademarks to build value in a virtual world brand, Linden Lab's trademark policy, proper use of trademarks, and avoidance of trademark infringement.

The talk will be hosted by FilpperPA Peregrine (Timothy Allen) at the UBM Think Services Auditorium, and will be simulcast on the Web via World2Worlds.com. This will be an SL voice session. Taney is well-known among Second Life users for his representation of Second Life users in intellectual property issues over the last year.

Taney to talk trademarks originally appeared on Massively on Mon, 02 Jun 2008 22:00:00 EST. Please see our terms for use of feeds.

As the Second Life blogger's strike comes to an end, Linden Lab has clarified the clarification to their new trademarks policy. This clarification is a good one. It is quite clear and well set out, and hits all the high points in a clear and deliberate fashion.

Despite any prior assurances to the contrary, yes, Linden Lab will apply the Terms of Service (section 4.4) to external violations of the brand center guidelines to ban accounts as a last resort, though it does make allowances for basics such as nominative use. This extends the Second Life terms of service to activities outside the virtual world for the first time, and for anyone who has logged in to Second Life since March 24.

Continue reading Linden Lab alters stance: will ban

Linden Lab alters stance: will ban originally appeared on Massively on Fri, 18 Apr 2008 17:45:00 EST. Please see our terms for use of feeds.

Starting today, a number of prominent Second Life bloggers are on strike for three full days in protest at Linden Lab's sudden detrimental change of position on the use of current and new trademarks.

These bloggers feel snubbed and threatened by the new brand guidelines, which they find contradictory, excessive and potentially restrictive to free speech, and are going on a symbolic three-day strike as a gesture to show that they do not find Linden Lab's answers to these concerns sufficient.

Continue reading Linden Lab sparks bloggers strike

Linden Lab sparks bloggers strike originally appeared on Massively on Tue, 15 Apr 2008 12:15:00 EST. Please see our terms for use of feeds.

The inclusion of section 4.4 of the Second Life Terms of Service has caused considerable fear, uncertainty and doubt among the users, even leading some to refuse to log in, so that they do not accept those terms in their current form.

On the face of them, the clause essentially makes any breach of the Brand Center guidelines a breach of the Terms of Service. Linden Lab's representatives say that they would not treat external breaches of those guidelines as a Terms of Service breach -- however, legally their statements to that effect fail to hold water.

Continue reading Linden Lab says no bans, TOS disavows

Linden Lab says no bans, TOS disavows originally appeared on Massively on Wed, 09 Apr 2008 11:30:00 EST. Please see our terms for use of feeds.

We're still waiting on answers to our queries to Linden Lab in the wake of their altered trademark policies. We're assured that we might get some sometime soon.

In the meantime we thought you might just be interested in seeing the list of extra words that Linden Lab have trademark applications in for, and that you might suddenly start to see Brand Center regulations and usage guidelines on.

Continue reading Two little words

Two little words originally appeared on Massively on Sun, 06 Apr 2008 14:30:00 EST. Please see our terms for use of feeds.

There are two basic pieces to Linden Lab's virtual world. There's Second Life Grid, which recently got a name of its very own, which is essentially the platform, technology and company behind it.

Then there's the other bit. The part where Linden Lab so often says the real value is. Second Life, says the Lab, is the community, the content. All those people. That's the real value, it says.

So, if so many users (the exact number isn't important here) are what is described by the marks SL and Second Life (as distinct from Second Life Grid, which describes the underlying platform) -- if that endless creation of and remixing of content and communities is called Second Life -- why don't the people who Second Life actually are get equal time with what is, essentially, their own collective name?

Continue reading Making your mark

Making your mark originally appeared on Massively on Wed, 02 Apr 2008 11:30:00 EST. Please see our terms for use of feeds.

This-evening, Linden Lab issued a policy clarification to the recent changes to allowed trademark use as a part of the Second Life Brand Center announcement. It doesn't actually directly address any of the questions that we put to Linden Lab, so we are resubmitting those, and it raises a couple of extra ones which we will add to the pile.

The new policy appears to seek to clarify nominative fair use as being acceptable -- after all, you can't effectively talk about Second Life or Linden Lab without using those terms (well, you could say Linden Research Inc's unnameable virtual world, if you were desperate).

Continue reading Linden Lab clarifies trademarks policy

Linden Lab clarifies trademarks policy originally appeared on Massively on Wed, 02 Apr 2008 01:00:00 EST. Please see our terms for use of feeds.

Linden Lab's PR agency have responded to our list of questions about assorted Second Life trademark issues, related changes to the Terms of Service and so forth with a notice that rather than answering the questions directly, Linden Lab is preparing another blog post which is intended to address many of the questions and responses they've received about the original.

If this new post follows past patterns of policy follow-up postings, then we will likely have a whole new set of questions to ask in addition to the original set. We'll keep you all informed as things develop, of course. We're sure that you all are as curious as we are as to where this will go from here. The PR agency was unable to give us a better estimate for when the new post would appear other than "soon".

Linden Lab to make another trademark post originally appeared on Massively on Tue, 01 Apr 2008 02:00:00 EST. Please see our terms for use of feeds.

'I cannot read the fiery letters,' said Frodo in a quavering voice.

'No,' said Gandalf, 'but I can. The letters are English, of an ancient mode, but the language is that of Lawyers, which I will not utter here. But this in the Common Tongue is what is said, close enough:

'You agree to review and adhere to the guidelines on using "Second Life," "SL," "Linden," the Eye-in-Hand logo, and Linden Lab's other trademarks, service marks, trade names, logos, domain names, taglines, and trade dress..'

He paused, and then said slowly in a deep voice: 'These are the Master Rules, the Terms of Service that rule all accounts.'

Continue reading Linden Lab's laundry list of legalese: Terms of Service versus Fair Use

Linden Lab's laundry list of legalese: Terms of Service versus Fair Use originally appeared on Massively on Mon, 31 Mar 2008 01:00:00 EST. Please see our terms for use of feeds.

When Linden Lab chooses to shake things up, it doesn't do it by half-measures. Easter Monday saw an announcement by Linden Lab that they were introducing a new Second Life logo program, and changing the terms under which various words and images are presented.

Unfortunately, we technically can't show you the new logo, since by all rights we have to go through the application process first. Actually, after reading all the terms and conditions a bunch of times, we are not sure that we're even allowed to mention its name. It's inSL, anyway. We'll let the company lawyers sort through the paperwork.

Continue reading Linden Lab asserts control of names and images

Linden Lab asserts control of names and images originally appeared on Massively on Tue, 25 Mar 2008 12:15:00 EST. Please see our terms for use of feeds.

Richard Minsky, founder of The Center for Book Arts in New York City and owner of SLART Magazine is asserting ownership of his trademark in the broader wilds of Second Life, and potentially the surrounding media-sphere. Minsky started SLART magazine in December 2006 "as a critical review and journal of the arts in Second Life".

The trademark itself was applied for in March 2007, approved in December 2007, and now Minsky seeks to assert the rights and obligations associated with the SLART trademark.

Continue reading SLART name in trademark dispute

SLART name in trademark dispute originally appeared on Massively on Sat, 19 Jan 2008 10:00:00 EST. Please see our terms for use of feeds.