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I own the RL trademarks and .Coms of a inworlld sim


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I want to contact the proper person(s) to have this sim cease and desist all operations. Im not sure the dmca filing is the right way as this is a trademark violation more than a copied item. As stated i OWN the trademarks now and the .coms and asked for a directory here  to contact to file suit against the owner the land owner and LL if need be for compliance.

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You're right: It's not the DMCA, but there's a particular process to be followed for Trademark violations.

It's a little worrisome, however, that you mention ".Coms" as if that had any bearing on anything. It doesn't. (Also, a trademark doesn't confer universal rights to a particular string of letters. Presumably your IP lawyer has advised you of just what's involved here, or you could be in for a big disappointment.)

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Unless this sim's name is representing a business similar to yours, it is not violating your trademark.  That's why there is an Apple company and an Apple records.

If they are using the name for a similar business then maybe you can do something but you have to do it in but be sure you consult a lawyer first if you haven't.

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PregnantMotelgroundskeeper wrote:

I want to contact the proper person(s) to have this sim cease and desist all operations. Im not sure the dmca filing is the right way as this is a trademark violation more than a copied item. As stated i OWN the trademarks now and the .coms and asked for a directory here  to contact to file suit against the owner the land owner and LL if need be for compliance.

It's also interesting that you said you own the trademarks "now." If the SL region was in existence before you registered your trademarks you're going to have trouble enforcing anything.

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Theresa Tennyson wrote:


PregnantMotelgroundskeeper wrote:

I want to contact the proper person(s) to have this sim cease and desist all operations. Im not sure the dmca filing is the right way as this is a trademark violation more than a copied item. As stated i OWN the trademarks now and the .coms and asked for a directory here  to contact to file suit against the owner the land owner and LL if need be for compliance.

It's also interesting that you said you own the trademarks
"now."
If the SL region was in existence before you registered your trademarks you're going to have trouble enforcing anything.

IF!...the region can show they were in existance prior to your filing for TM protection, yes, you are pretty much out of luck. Should you be serious in this claim, it's advisable to hire or consult a TM attorney for guidence.

 


Amethyst Jetaime wrote:

Unless this sim's name is representing a business similar to yours, it is not violating your trademark.  That's why there is an Apple company and an Apple records.

That caused a minor stink. I'm happy they "could work it out" :smileytongue: .

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As the owner of a trademark myself, I was advised by a TM lawyer and someone at the gov. office  that the trademark is only good for the type of business that it's registered for, that if someone wanted to use it for something entirely different there was nothing I could do about it. 

Apple vs. Apple Records did cause a stink but then again anyone can sue anyone else for anything.  It doesn't make the platiff right. 

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