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I've tracked this story for a while now, just had to get your opinion on it.
courtesy of play.tm: "Gamers may remember Richard Minsky, founder of The Center for Book Arts in New York City and owner of SLART Magazine. We previously wrote about his assertion of his rights and obligations with respect to his SLART trademark, which covers (among other things) Minsky's SLART magazine. The SL portion obviously represents Second Life, and the ART well... that's art.
Minsky originally filed his SLART trademark on 22 March, 2007. It was published for opposition on 18 September, 2008, and finally granted formal registration by the US Patent and Trademarks office on 18 March, 2008 (registration number 3399258). SLART, therefore, is owned by Minsky insofar as the US Government is concerned at the present time, whether that grant was conferred rightly or wrongly, unless it is somehow overturned or abandoned.
Now he has filed a civil suit in a federal court, naming Linden Lab, Philip Rosedale, Mitch Kapor and one or more other Second Life users (as John Does) for (variously) trademark infringement, trademark dilution, tortious interference (that is interference that causes injury), and fraud." source
Linden have removed SLart without requesting any authorization and apparently the fact that the SLart trademark was filed prior to Lindens staunch ambition to act as a guardian for the brand doesn't impact the case that much. What do you guys think? I mean is this battle worth winning?
for those curious to read more about the legal implications Virtually Blind (a great resources on legal issues relating to virtual worlds) have got more details on it here.
I am not a lawyer, I don't play one on TV, nor do I play one in Second Life. However considering the rather common nature of the word "art" and tacking SL in front of it makes it even more dodgy since Linden Labs would own the Trademark on Second Life. It seems like the dude is wasting quite a bit of time on something he can't win.
But who knows maybe I'm wrong.
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