Hello!
I hope all is well. In my previous post we discussed copyright issues when creating avatars using internet service providers, such as virtual worlds or avatar creation services. Today I will discuss trademark issues that arise in virtual worlds.
This topic was discussed at PLI's Intellectual Property Law Institute. Stephen Davidson of Davidson PLLC gave a brief presentation on this topic. Here is a brief outline of his presentation:
1. Most trademarks famous and non-famous are found in Virtual Worlds such as Second Life.
2. Many end users (consumers) of Virtual Worlds use these trademarks without the express permission of the trademark owner.
3. Sometimes owners of famous trademarks will police (prevent) trademark infringers from using their trademarks in Virtual Worlds.
4. Owners of famous marks should particularly police use of their trademarks in Virtual Worlds due to trademark dilution. A trademark infringer's use can tarnish (create a bad reputation) or blur (diminish the distinctiveness) of a famous mark.
In conclusion, the same rules apply regarding trademark infringement in real life and in cyber life.
