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Taser International Sues Second Life Creator Over Virtual Replicas

Posted by Soulskill on from the wait-what dept.

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."

5 of 119 comments (clear)

  1. Trademark Scope by maroberts · · Score: 4, Interesting

    Trademark scope is narrowly defined and may not be recognised in a virtual world...

    --

    Donte Alistair Anderson Roberts - hi son!
    Karma: Chameleon

    1. Re:Trademark Scope by julesh · · Score: 3, Interesting

      Trademark scope is narrowly defined and may not be recognised in a virtual world...

      Forget for a moment the entire virtual world aspect of this, as its legal ramifications are (at present) totally unknown.

      Ignoring that, what we have is a company (Linden Labs) selling data which when loaded into software that runs on client PCs causes that screen to display an image of something that looks like one of Taser's products. When selling this data, they are explicitly stating that it is modelled on one of Taser's products.

      Frankly, I don't see the difference here to somebody selling a stock photo of one of Taser's products, for example. What Corbis are selling in that link has no significant differences that I can see from what Linden are selling. Except that Corbis's looks better, while Linden's is more useful because you can view it from any angle.

  2. I think it pertinent by Starmengau · · Score: 4, Interesting

    ....that I had absolutely no idea there was such a company, and have thought for at least 15 years that "taser" was a generic term.

    --
    Please help me pay for room & board.
  3. Re:second life? by jamesh · · Score: 4, Interesting

    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?

    Because having that disclaimer there doesn't (necessarily) mean squat.

    If you have a sign in your shop that says "we don't give refunds", and a court orders you to do a refund, then you give a refund.

    If you have a sign in your playground that says "enter at own risk. we are not liable if you hurt yourself", and someone hurts themselves, and a court deems that you were negligent, then you will be liable.

    Forget about the "right thing" here because Taser don't care.

    They need to contact the maker, but of course it's easier to get linden labs.

    I think you've answered your own question there. Not just because it's easier, but because it's more likely to succeed.

    It could be an interesting court case though...

    Taser: Someone is making Taser branded dildo's in your game. Make them stop and give us some money for damaging the image of our products.
    Linden: You can't sue us, you have to sue the person playing the game who is responsible for infringing on your trademark.
    Taser: Okay then, who is that?
    Linden: We're not going to tell you, without a court order.

    time passes...

    Taser: Here's a court order, give up the details
    Linden: Hmmm... all we seem to have is a name "I. P. Freely" and a post office box in Sweden. Maybe you should contact their ISP?
    Taser: What is their ISP?
    Linden: We can't give you that information without a court order

    and so on.

  4. GTA version is the "Teaser" by dohzer · · Score: 4, Interesting

    Just the other day I was wondering why the Taser was called a 'Teaser' in the Nindendo DS game 'GTA: Chinatown Wars'. Now I know. :)
    I was thinking it was just a joke.