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Real Life Fashion Designs and Trademarks in SL


Malestorm1488303118
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Hi - This a general discussion question about how legal it is to use real life trademarks and fashion labels in second life.     I have noticed that Hoorenbeeks has an extensive inventory of Brand merchandise and I have seem many stores selling particular brands of shoes.   So....

1) Is there an existing Linden policy about using rl trademarks in sl?

2) Are there any legal precedents  for virtual "homages" to real life fashion and brands?

3) Does anyone know of instances where anyone was asked to remove items for sale because of use of rl trademarks / designs?

Many thanks in advance for your feedback.

 

 

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RL trademarks are... Well, trademarked.

Selling trademarked stuff IS against the rules, and will often be removed from being sold.

If the company finds out you were profiting with their trademark, yes. They can take legal action against you.

However... While "Pepsi" is against the rules, you could potentially use... "Popsi".

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Malestorm wrote:

Thank you.  That was a clear directive on the use of intellectual property.   So the fact that some stores sell Branded clothing means that no one has ever made a complaint about them to LL.     Ithink the link was very clear.   Again thanks.

 

 

Telling LL about it will do no good. Perhaps the creator has a license. Perhaps not. The only person that can answer that is the lawyer for the rl IP/Trademark owners. That is who you have to notify of possible infringements.

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Malestorm wrote:

Hi - This a general discussion question about how legal it is to use real life trademarks and fashion labels in second life.     I have noticed that Hoorenbeeks has an extensive inventory of Brand merchandise and I have seem many stores selling particular brands of shoes.   So....

1) Is there an existing Linden policy about using rl trademarks in sl?

2) Are there any legal precedents  for virtual "homages" to real life fashion and brands?

3) Does anyone know of instances where anyone was asked to remove items for sale because of use of rl trademarks / designs?

Many thanks in advance for your feedback.

 

1. Probably but I can't quote it to you.

2. Yes, Coke gave free use of its likeness and logo in Second Life a long time ago.

3. I have heard rumors but wouldn't want to repeat them here.

I've wondered similar things, mostly regarding unpaid use of movie streams in Second Life. Not the royalty free kind, but current films. If Amazon and Netflix have to pay for their  usage, why don't movie and video rental shops in Second Life? One even uses the logo of a popular video rental chain, but I see nothing on the internet about any licensing agreement with that company or with the movie studios. 

It especially bothers me that these same SL places have a customer 'contract' that says they will penalize any customer who uses the videos anywhere other than their Second Life home for private viewing. Sheesh, hypocritical much?

I can only think that most places haven't looked or don't yet know about many of the IP violations. Of all kinds. Disney can't, I would think, since it's gone after real life companies with determination for the same thing.

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