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Trademarking your marketplace store?


JingleWorm
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I've seen some marketplace stores that have an R or T with a circle around it at the end of their store titles. I'd be starting a new brand in SL (marketplace and inworld) and want to trademark my SL brand name. So if you could please give me advice on how I could explain to my TM lawyer what I want (Might not know about Second Life's marketplace), that'd be a blessing!

Would I need to show him anything like my mesh models?' Also I'm wondering if I need to copyright my mesh models and how that works (like how many of them, how similar).

Any help is appreciated! Thank you so much. <3 

 

 

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Unless things have changed (and a quick Google Search says they have not) anyone can use TM after their name or tag line. For a REGISTERED trademark you need to pay big bucks and you have no guarantee at all that your application will be approved (my RL one was not and I of course lost the money for the application -- with a lawyer you have a better chance but also more fees). 

So unless you are a mesh body maker or the next gen sex fad is is probably not all that realistic a move.

 

From Forbes:

The TM and SM symbols are used with unregistered marks: TM for trademarks, or marks that represent goods, and SM for service marks, or marks that represent services. The federal registration symbol, or ®, is reserved for marks registered in the U.S. Patent and Trademark Office.

 

Adding. REALISTICALLY (again unless you are making many thousands US a month in SL and most folks are not) it isn't cost effective to go into RL legal battles.  I think you are overthinking. You have ALREADY given away your secondary copyrights to Linden Lab (the big turmoil of August 2013 where lots of WRITERS (I see you are one) left SL or never wrote anything on a notecard again :D).  

 

Edited by Chic Aeon
adding info
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People who will go steal your content outright are usually in places where they do not give three hoots about copyright (since 5% of your sales will probably earn then more than an average job locally). I would just DMCA and not worry about copyright until you are ramen profitable 

Edited by iamyourneighbour
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Ya KNOW --

Just for FUN I searched the trademark database for ANIMATS and there is indeed a trademark. However it is VERY old  -- much older than the avatar who claims it. 

I also left all ALL THE PERSONAL REAL LIFE INFO out of my shot --- which could kinda be a problem for some folks that LIKE to keep it anonymous? This included address etc. Anyway, I seemed to remember some iffy to me statements from the claimer.

We can believe or not as we choose. 

 

 

animats.PNG.4726260ac3ba022a55d7ddabb0f0d327.PNG

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As the trademark part of the question has been very well answered above I won't touch on it

2 hours ago, JingleWorm said:

Also I'm wondering if I need to copyright my mesh models and how that works (like how many of them, how similar).

Like all artistic works copyright is automatically granted. You are not required to do anything special.

Some people will register as well, as it allows for statutory damages in a court case, but there is a whole lot of expense going down that route. You can register at https://www.copyright.gov/registration/visual-arts/index.html if you desire. (look on the right side for "Register a Visual Arts Work")

Edited by Callum Meriman
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6 hours ago, Chic Aeon said:

Ya KNOW --

Just for FUN I searched the trademark database for ANIMATS and there is indeed a trademark. However it is VERY old  -- much older than the avatar who claims it. 

I also left all ALL THE PERSONAL REAL LIFE INFO out of my shot --- which could kinda be a problem for some folks that LIKE to keep it anonymous? This included address etc. Anyway, I seemed to remember some iffy to me statements from the claimer.

We can believe or not as we choose. 

 

 

animats.PNG.4726260ac3ba022a55d7ddabb0f0d327.PNG

Lol busted !

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7 hours ago, Chic Aeon said:

Just for FUN I searched the trademark database for ANIMATS and there is indeed a trademark. However it is VERY old  -- much older than the avatar who claims it. 

It's genuine.

The reallife name attached to TESS Animats exactly matches the reallife name attached to Gitlab that Animats is using for his sim crossing work. I also believe there is a FS Jira associated to Animats around that sim crossing work that has the same reallife name.

Exposing real names can be common in the open source community, as public recognition of decent contributions can bolster one's reputation and employment chances. SL being a fly-in-the-ointment to this openness due to the sheer number of crazy cat people who have a thing against evil  developers.

So, unless it's an elaborate setup over a period of months, which is whole bunch of paranoia ... the details check out.

 

Edited by Callum Meriman
One day i will lern to English betterer
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11 hours ago, Callum Meriman said:

It's genuine.

The reallife name attached to TESS Animats exactly matches the reallife name attached to Gitlab that Animats is using for his sim crossing work. I also believe there is a FS Jira associated to Animats around that sim crossing work that has the same reallife name.

Exposing real names can be common in the open source community, as public recognition of decent contributions can bolster one's reputation and employment chances. SL being a fly-in-the-ointment to this openness due to the sheer number of crazy cat people who have a thing against evil  developers.

So, unless it's an elaborate setup over a period of months, which is whole bunch of paranoia ... the details check out.

Yes, that's me. I'm behind "animats" on SL, "animats" as a registered trademark, "animats" for my real world business activities, "animats" on Firestorm JIRA, and "animats.com" on the Web. I'm on Github (not Gitlab) under my real name, and I put SL-related code there as open source and link to it from various SL-related places. So I'm not anonymous.

Right now I'm interested in the technical, social, and business problems of big virtual worlds. SL is the biggest game in town, so I'm here.

As for getting a registered trademark, it's probably not cost-effective for small-scale activities on SL. But it's not difficult to do. It's useful if you have a good domain name, because it protects you from domain name challenges. I have some other trademarks for that reason.

 

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