Comments on: Expensive Luxury Knockoffs in Second Life Raise Trademark Stakes https://virtuallyblind.com/2007/06/21/expensive-luxury-knockoffs-raise-trademark-stakes/ Legal Issues That Impact Virtual Worlds Tue, 13 May 2014 04:03:48 +0000 hourly 1 http://wordpress.org/?v=3.0.4 By: When Will It End | Designer Prims; By Elle Crescendo https://virtuallyblind.com/2007/06/21/expensive-luxury-knockoffs-raise-trademark-stakes/#comment-190919 When Will It End | Designer Prims; By Elle Crescendo Mon, 06 Jan 2014 23:33:38 +0000 http://virtuallyblind.com/2007/06/21/expensive-luxury-knockoffs-raise-trademark-stakes/#comment-190919 [...] and Milan……..yeah sure they are Iota ;). There’s also an interesting little post here, by Iota regarding her views on SL and RL [...] [...] and Milan……..yeah sure they are Iota ;). There’s also an interesting little post here, by Iota regarding her views on SL and RL [...]

]]> By: Harriet Jacob https://virtuallyblind.com/2007/06/21/expensive-luxury-knockoffs-raise-trademark-stakes/#comment-19173 Harriet Jacob Fri, 12 Sep 2008 11:21:45 +0000 http://virtuallyblind.com/2007/06/21/expensive-luxury-knockoffs-raise-trademark-stakes/#comment-19173 Trademarks are for one reason to protect the companies commercial income or status, by covering the invention/term they have protected. Regardless of whether the company is "too lazy" to focus on providing virtual goods, do we really believe this is sufficient excuse to breach other's rights. Surely if this designer had any ethics they would have approached the company for trademark licence and if approved then paid out of the profits for such licence (unlikely to be financially feasible I am sure in this particular case). With reference to Ms. Ultsch's "Bringing Real World copyright law into SL is ridiculous!" I am at loss to see what is ridiculous about this. There are ways to handle it, e.g. the way Coca Cola do in terms of their logo but when an artist uses a trademark term with little regard for the law they show a complete lack of ethics. They are little different from the hawkers on street corners selling rip off designer bags or watches. Frankly, one would never want to be associated with that if they are building a business reputation. I think I would avoid Ms. Ultsch's products as I couldn't be confident she isn't ripping off designs based on her stance. Poor form. Trademarks are for one reason to protect the companies commercial income or status, by covering the invention/term they have protected.

Regardless of whether the company is “too lazy” to focus on providing virtual goods, do we really believe this is sufficient excuse to breach other’s rights. Surely if this designer had any ethics they would have approached the company for trademark licence and if approved then paid out of the profits for such licence (unlikely to be financially feasible I am sure in this particular case).

With reference to Ms. Ultsch’s “Bringing Real World copyright law into SL is ridiculous!” I am at loss to see what is ridiculous about this. There are ways to handle it, e.g. the way Coca Cola do in terms of their logo but when an artist uses a trademark term with little regard for the law they show a complete lack of ethics. They are little different from the hawkers on street corners selling rip off designer bags or watches. Frankly, one would never want to be associated with that if they are building a business reputation.

I think I would avoid Ms. Ultsch’s products as I couldn’t be confident she isn’t ripping off designs based on her stance. Poor form.

]]> By: Benjamin Duranske https://virtuallyblind.com/2007/06/21/expensive-luxury-knockoffs-raise-trademark-stakes/#comment-2188 Benjamin Duranske Sat, 07 Jul 2007 13:12:48 +0000 http://virtuallyblind.com/2007/06/21/expensive-luxury-knockoffs-raise-trademark-stakes/#comment-2188 Marie - Thanks for your comment. I don't really have any documents beyond what I've referenced on the site that will help with your report, but if you look at all the articles tagged "Trademark" that should give you some ideas. Here's a link: http://virtuallyblind.com/category/trademark/ Marie – Thanks for your comment. I don’t really have any documents beyond what I’ve referenced on the site that will help with your report, but if you look at all the articles tagged “Trademark” that should give you some ideas.

Here’s a link: http://virtuallyblind.com/category/trademark/

]]> By: Moss https://virtuallyblind.com/2007/06/21/expensive-luxury-knockoffs-raise-trademark-stakes/#comment-1801 Moss Wed, 27 Jun 2007 16:50:47 +0000 http://virtuallyblind.com/2007/06/21/expensive-luxury-knockoffs-raise-trademark-stakes/#comment-1801 Why all fuss/press about Second Life anyway? If you purchase and wear this jewelry (good luck getting it to lay correctly on your avitar) and then acutally teleport anywhere, your carefully sized necklace stands a great chance of ending up sticking out of your eyesocket. If you don't simple crash the program first. Who can do anything in this world but stand in their carefully cached rooms and change their clothing endlessly? Horrible interface. But I digress off topic... Why all fuss/press about Second Life anyway? If you purchase and wear this jewelry (good luck getting it to lay correctly on your avitar) and then acutally teleport anywhere, your carefully sized necklace stands a great chance of ending up sticking out of your eyesocket. If you don’t simple crash the program first. Who can do anything in this world but stand in their carefully cached rooms and change their clothing endlessly? Horrible interface. But I digress off topic…

]]> By: marie bacquere https://virtuallyblind.com/2007/06/21/expensive-luxury-knockoffs-raise-trademark-stakes/#comment-1706 marie bacquere Mon, 25 Jun 2007 10:27:12 +0000 http://virtuallyblind.com/2007/06/21/expensive-luxury-knockoffs-raise-trademark-stakes/#comment-1706 Dear Benjamin Duranske Let me introduce myself. My name is Marie-Noelle BACQUERE, I am a french student in IP law. I am doing a report about IP rights in virtual worlds. I would like to know if you have any information, documents or anything it could help me to do it well, to understand all the problematics... Thank you for your help Marie. Dear Benjamin Duranske

Let me introduce myself. My name is Marie-Noelle BACQUERE, I am a french student in IP law. I am doing a report about IP rights in virtual worlds. I would like to know if you have any information, documents or anything it could help me to do it well, to understand all the problematics…
Thank you for your help
Marie.

]]> By: csven https://virtuallyblind.com/2007/06/21/expensive-luxury-knockoffs-raise-trademark-stakes/#comment-1695 csven Mon, 25 Jun 2007 01:22:10 +0000 http://virtuallyblind.com/2007/06/21/expensive-luxury-knockoffs-raise-trademark-stakes/#comment-1695 Which then begs the question: if a designer is willing to use someone else's brand reputation, then what does that say about theirs? And wrt numbered prints, that problem could be resolved. Make a nice Web 2.0 app, actually. Wonder if one's already been done. Will have to look into that. Which then begs the question: if a designer is willing to use someone else’s brand reputation, then what does that say about theirs?

And wrt numbered prints, that problem could be resolved. Make a nice Web 2.0 app, actually. Wonder if one’s already been done. Will have to look into that.

]]> By: Benjamin Duranske https://virtuallyblind.com/2007/06/21/expensive-luxury-knockoffs-raise-trademark-stakes/#comment-1647 Benjamin Duranske Fri, 22 Jun 2007 18:14:37 +0000 http://virtuallyblind.com/2007/06/21/expensive-luxury-knockoffs-raise-trademark-stakes/#comment-1647 csven - I'm not sure. I expect that the pieces are numbered individually, but other than relying on the designer's reputation and integrity, I don't imagine there's any real way to know that there are only twenty-five. Of course, that's true in the real world for numbered prints and things like that too (and in the real world, the problem is all too often a source of legitimate concern among art collectors). csven – I’m not sure. I expect that the pieces are numbered individually, but other than relying on the designer’s reputation and integrity, I don’t imagine there’s any real way to know that there are only twenty-five. Of course, that’s true in the real world for numbered prints and things like that too (and in the real world, the problem is all too often a source of legitimate concern among art collectors).

]]> By: links for 2007-06-22 » What Future? https://virtuallyblind.com/2007/06/21/expensive-luxury-knockoffs-raise-trademark-stakes/#comment-1628 links for 2007-06-22 » What Future? Fri, 22 Jun 2007 08:18:14 +0000 http://virtuallyblind.com/2007/06/21/expensive-luxury-knockoffs-raise-trademark-stakes/#comment-1628 [...] Virtually Blind - Virtual Law | Legal Issues That Impact Virtual Worlds » Blog Archive » Expensive Luxury Knockoffs in Second Life Raise Trademark Stakes Luxury goods selling at relatively high prices will turn into a trend, and that will make it much more likely that a real world company will take action to protect its trademarks in world. (tags: secondlife virtualworld law trademark copyright ip capitalism) Evangelize:These icons link to social bookmarking sites where readers can share and discover new web pages. [...] [...] Virtually Blind – Virtual Law | Legal Issues That Impact Virtual Worlds » Blog Archive » Expensive Luxury Knockoffs in Second Life Raise Trademark Stakes Luxury goods selling at relatively high prices will turn into a trend, and that will make it much more likely that a real world company will take action to protect its trademarks in world. (tags: secondlife virtualworld law trademark copyright ip capitalism) Evangelize:These icons link to social bookmarking sites where readers can share and discover new web pages. [...]

]]> By: Kzero » Blog Archive » A key moment for Metabrands? https://virtuallyblind.com/2007/06/21/expensive-luxury-knockoffs-raise-trademark-stakes/#comment-1625 Kzero » Blog Archive » A key moment for Metabrands? Fri, 22 Jun 2007 06:50:10 +0000 http://virtuallyblind.com/2007/06/21/expensive-luxury-knockoffs-raise-trademark-stakes/#comment-1625 [...] Firstly, the product name Himalia is a registered trademark of Cartier so this is a clearly a move to make profit. This raises issues explained expertly by Benjamin Duranske in this post on the Virtually Blind blog. Ben is a leading authority on the legal implications of virtual worlds. [...] [...] Firstly, the product name Himalia is a registered trademark of Cartier so this is a clearly a move to make profit. This raises issues explained expertly by Benjamin Duranske in this post on the Virtually Blind blog. Ben is a leading authority on the legal implications of virtual worlds. [...]

]]> By: Tenshi Vielle https://virtuallyblind.com/2007/06/21/expensive-luxury-knockoffs-raise-trademark-stakes/#comment-1604 Tenshi Vielle Thu, 21 Jun 2007 21:36:23 +0000 http://virtuallyblind.com/2007/06/21/expensive-luxury-knockoffs-raise-trademark-stakes/#comment-1604 Thanks for the background, Benjamin. I'll definitely be tuning in to your blog more often. As for God, we're not talking about that here. We're talking about game developers (yes, anyone who creates in second life is automatically a "game developer, content creator" in my book) ripping off real-life, trademarked (sometimes even copyright) items. Thanks for the background, Benjamin. I’ll definitely be tuning in to your blog more often.

As for God, we’re not talking about that here. We’re talking about game developers (yes, anyone who creates in second life is automatically a “game developer, content creator” in my book) ripping off real-life, trademarked (sometimes even copyright) items.

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