I was doing a bit of blog reading at gwynethllewelyn.net and some of her discussion on the new trademark policies. Also, Tateru Nino at Massively drops the “ban” bomb in relation to the policy for the first time I’ve seen that mentioned.
More discussion at Massively brings up the issue that many of these marks haven’t even been published for opposition, meaning that that any argument over the new or old marks hasn’t even happened in the outside world. Newer unpublished marks include:
| Word Mark | SECOND LIFE |
| Goods and Services | IC 035. US 100 101 102. G & S: Advertising and marketing services, namely developing and distributing electronic marketing materials. FIRST USE: 20020501. FIRST USE IN COMMERCE: 20021231 |
| Word Mark | SECOND LIFE |
| Goods and Services | IC 016. US 002 005 022 023 029 037 038 050. G & S: Printed publications in the nature of books, magazines, and educational curricula in the nature of instructional, educational and teaching materials and training manuals, all in the field of computers, software and 3D virtual environments. FIRST USE: 20030630. FIRST USE IN COMMERCE: 20030630 |
| Word Mark | SECOND LIFE |
| Goods and Services | IC 035. US 100 101 102. G & S: Advertising and marketing services, namely, developing and distributing electronic marketing materials. FIRST USE: 20020501. FIRST USE IN COMMERCE: 20021231 |
but these would likely ride through on the pre-existing mark published in 2003 for:
| Word Mark | SECOND LIFE |
| Goods and Services | IC 009. US 021 023 026 036 038. G & S: Entertainment software, namely, software that is used for providing multi-player access to an on-line game environment; computer game software; virtual reality game software; computer graphics software. FIRST USE: 20020501. FIRST USE IN COMMERCE: 20021231IC 038. US 100 101 104. G & S: Communication services in the nature of text messaging and electronic mail services used in playing on-line computer games. FIRST USE: 20020501. FIRST USE IN COMMERCE: 20021231IC 041. US 100 101 107. G & S: Entertainment services, namely, providing an on-line computer game by means of communications networks; entertainment services in the nature of providing an on-line multi-player electronic computer game; entertainment services, namely, providing an on-line computer game that may be accessed by means of communications networks. FIRST USE: 20020501. FIRST USE IN COMMERCE: 20021231 |
As far as the “grid” name I found:
| Word Mark | SECOND LIFE GRID |
| Goods and Services | IC 009. US 021 023 026 036 038. G & S: Computer hardware and computer software digital platforms for use in building three dimensional virtual environmentsIC 038. US 100 101 104. G & S: Communication services in the nature of text and voice messaging and electronic mail services used in an online virtual environmentIC 041. US 100 101 107. G & S: Multimedia and three dimensional virtual environment software production services |
and then there’s the multi-class filing for the “inSL(tm)” mark in multiple classes:
| Word Mark | INSL |
| Goods and Services | IC 009. US 021 023 026 036 038. G & S: Software used for providing multi-user access to an online 3D virtual environment; computer 3D virtual environments; computers and computer hardware; computer game software; pre-recorded compact discs, CD-ROMs and DVDs featuring music, films, performances, entertainment, interviews, and educational, marketing and promotional information in a wide variety of fields; computer screen saver software; magnetically coded credit cards; magnetically coded gift cards; software for processing, transmitting, or displaying images, graphics and text; software for communicating with others via instant messaging, text messaging, and e-mail; software for creating, manipulating and participating in on-line 3D environmentsIC 014. US 002 027 028 050. G & S: Jewelry, namely earrings, pendants, bracelets, pins, and ringsIC 016. US 002 005 022 023 029 037 038 050. G & S: Printed publications in the nature of books, magazines, educational materials in the field of computers, the internet and on-line 3D environments; postersIC 018. US 001 002 003 022 041. G & S: Travel bags, luggage, school bags, backpacks, beach bags, duffel bags, fanny packs, and umbrellas; leather and imitations of leather and goods made from these materials, namely, overnight bags, school bags, school book bags, tote bags, waist packs, drawstring pouches, document cases, attaché cases, briefcase-type portfolios, wallets; leather key chains
IC 025. US 022 039. G & S: Clothing, namely, t-shirts, sweatshirts, sweatpants, jackets, pullovers, shirts and hats IC 035. US 100 101 102. G & S: On-line trading services to facilitate the sale of real and virtual goods of others; advertising and marketing services, namely developing and distributing electronic marketing materials; advertising, marketing and publicity services; arranging and conducting of auction sales; business advice and information; online retail store services; online business networking services; online advertising and marketing services; promoting the goods and services of others via a global computer network; promoting concerts and events of others IC 036. US 100 101 102. G & S: Online financial services, namely, offering a fictional-dollar-denominated credit card to charge online purchases; credit card services; currency exchange and advice; financial exchange services; charitable fundraising services; providing information in the field of banking, finance, credit, insurance, and real estate; banking services; financial exchange; financial planning; credit consultation, credit unions; insurance brokerage and consultancy; real estate agencies, real estate brokerage and real estate listing IC 038. US 100 101 104. G & S: Communication services in the nature of text messaging and electronic mail services used in an online virtual environment; broadcast of radio and television programs; electronic mail; electronic message transmission; streaming of audio and video material on the internet; webcasting services; on-line conferencing services; providing on-line forums for transmission of messages among computer users concerning a wide variety of fields and subjects; computer services, namely providing on-line facilities for real-time interaction with other computer users concerning topics of general interest; communication services, namely, transmission of voice, audio, visual images and data by the internet IC 041. US 100 101 107. G & S: Multimedia and 3D virtual environment software production services; arranging and conducting of online concerts, entertainment, and cultural events; entertainment services, namely conducting online contests and providing on-line computer games; art exhibition; computer education training; education information; educating at universities or colleges; educating at primary and secondary schools; arranging professional workshop and training courses; entertainment in the nature of conducting games or contests; news reporting services IC 042. US 100 101. G & S: Computer services, namely, providing an online 3D virtual environment, providing an online 3D virtual environment that may be accessed by means of communications networks, design and development of multimedia products, and design of websites and 3D virtual environments; multimedia and 3D virtual environment design and development services; computer hardware and software design and development services; computer software design, development and consultation for others; graphic design and graphic art design; architectural and interior design services; providing a website that gives computer users the ability to upload, exchange and share photos, videos and video logs; sociological and scientific research; providing legal services in and about an online 3D virtual world |
What I did find interesting was this new filing from May 2, 2008 for “SLCN” owned by Quality Time Media LLC which presumably operates at http://www.slcn.tv. and claims first use on 03/15, 2007.
| Word Mark | SLCN |
| Goods and Services | IC 038. US 100 101 104. G & S: Broadcasting of radio and television programs provided in a virtual environment. FIRST USE: 20070315. FIRST USE IN COMMERCE: 20070315IC 041. US 100 101 107. G & S: Educational and entertainment services, namely, production, provision and distribution of television programs provided in a virtual environment; media production services, namely, video and film production and studios provided in a virtual environment. FIRST USE: 20070315. FIRST USE IN COMMERCE: 20070315 |
It’s important to know what trademarks and copyrights are all about – most people of course have no clue. It’s always risky to build on top of someone else’s name no matter if it’s intended to be funny or whatever. So we’ll have to wait and see what happens with properties such as secondlifeherald.com and http://secondlifebloggers.ning.com/
I hope we can all get along, and that the efforts of these folks (which were mostly well-intentioned and directly beneficial to Linden Lab(tm)’s growth) can be resolved with minor changes.
But there’s a lot of marks out there, for example:
| Word Mark | SECOND LIFE |
| Goods and Services | IC 037. US 100 103 106. G & S: Furniture finishing and restoration. FIRST USE: 19930200. FIRST USE IN COMMERCE: 19940200IC 040. US 100 103 106. G & S: custom manufacture of furniture. FIRST USE: 19930200. FIRST USE IN COMMERCE: 19940200 |
I won’t even go into the words “Metaverse” or “Multiverse” , there’s a lot of activity there too.
So many words have been trademarked for so many purposes that these laws initially created for protection end can end up creating something of a barrier to marketplace entry. In time I’d say that these restrictions will even reshape our very language, as people strive to identify themselves with names in the virtual world of trademarks, and our own creativity must function in the wake of 100+ years of commercial activity.
Please excuse any big name dropping on this post, I do believe in properly citing previous discussions.
-MRO
