Taser International Sues Second Life Creator Over Virtual Replicas

Massively is reporting on a lawsuit filed by Taser International against Linden Lab, the company behind Second Life, over in-game sales of virtual replicas of Taser's products. Quoting: "Basically, a few people in Second Life make some digital replicas of Taser's products that do not have the same function as Taser's products, or props that have the Taser name, but do not have any functions or resemblance similar to Taser products. Some of these content creators also manufacture/sell material that Taser describes as pornographic, or offensive, and they feel that their brand is being linked with these prurient materials, and that they're losing business and sales to Linden Lab. ... Normally you'd just have the content creators named as defendants. Taser's complaint doesn't show much (if any) understanding of what's going on, but it does seem as if they have inadvertently hit a nail on the head. Since Linden Lab's acquisition of Xstreet SL, the Lab is no longer mediating transactions between buyers and sellers. Xstreet SL arguably retails on behalf of sellers, and takes a commission. It's going to be difficult to argue that the Lab/Xstreet SL is not selling these items. That potentially places the Lab in the liability loop."

Comments

second life?

[Turiko]

when you register, linden labs clearly states that what the people make is their work, and linden labs doesn't interfere... so why does taser try this? They need to contact the maker, but of course it's easier to get linden labs.

Re:second life?

[shentino]

Some nutcase judge is probably going to rule against LL.

Judicial ignorance of modern technology is at an all time high these days after all.

Re:second life?

[Bigjeff5]

This is trademark infringement, not copyright infringement. The DMCA doesn't apply at all, trademark law does.

There would be little to no case if the items hadn't been branded "Taser". I believe there are cases for trademark infringement on the design of the device, if the original is distinct enough and the immitator is close enough.

If it were a copyright case it would be pretty open and shut - Taser doesn't sell a digital version of their device, so recreating the device in the game is fair use. Selling it should even be fine, as long as you don't brand it Taser or pretend you are from Taser, cause that's trademark infringement. Hence, this case. ;)

does not compute

[ChienAndalu]

Is it my hangover or is the sentence?

Basically, a few people in Second Life make some digital replicas of Taser's products that do not have the same function as Taser's products, or props that have the Taser name, but do not have any functions or resemblance similar to Taser products.

So... what did those few people do?

It's about protecting trademarks & brand ident

[RogueWarrior65]

This seems pretty cut and dried to me. This is not like Monster Cable suing a mini-golf place. Monster is a word that existed in the English language long before it was ever used to describe cables. Taser on the other hand is an invented word and is therefore trademarkable and should be protected. It no different than somebody trying to pass off a Zune as an iPod, virtual or otherwise.

Re:Trademark Scope

[zappepcs]

There is a difference. Imagine all that you said, but replace Taser with Mercedes. The virtual world part cannot be ignored. What LL is doing is 'selling' something that when combined with the virtual world has the ability to look like someone's product. LL did not create this 'something' nor do they promote it any differently than they promote any other products being virtually sold to virtual people in a virtual world.

The DMCA (w/s)ould apply.

BTW, I can create something that is modeled on anyone's product and sell it. I believe that a great number of artists have done this in the past. There are a great number of watches that you can buy which are recreations of some other watch or are modeled on other watches. This list of things goes on and on. Being modeled after something means nothing. Being an exact replica and being marketed as the copied object... that means something.

In SL there are replicas of a great many things. Should they all be illegal?

Now, if Taser wants to apply the DMCA and start selling their own products in SL the original devices can be renamed "The Shocker" which I'm sure will sell just as well.

I don't think Taser has much, if any, legal grounds here. Regarding the SL market? They have nothing but FAIL. There are a lot of folk on SL that are similar to /b/. Chances of Taser getting anything good out of this now? Zero.