Quote:
Originally Posted by EvilMole  Sigh.
Two words: Fair, and use.
Specifically:
"Legal doctrine defines fair use of a trademark as the 'reasonable and good faith use of a descriptive term that is another's trademark to describe rather than to identify the user's goods, services or business'."
In other words, when you're writing about Second Life, you have no need of a TM. |
Sorry to say that's not exactly correct. Fair Use for copywritten material carries with it a four-pronged measure to determine if your use of a trademark is protected under the doctrine.
What is the nature of the use? Is it commercial, not-for-profit. Is it disparaging, or bordering on slander or libel?
What's the nature of the material being used? Does it exist as a branding agent or corporate identifier? Is it linked intimately with the business it's used to represent?
How much of the material will you use? Will you dipslay the trademark prominently? Will you use it to imply an affiliation with the business or corporation?
And finally...the big one...What effect will your use have on the market for the business that owns this material?
Now...as far as trademark fair usage is concerned
the cited description means that you shouldn't use LL's or
SL's trademark to try and brand your own product or service as one related to LL or
SL. But saying that you're a forum or blog that's dedicated to commentary about LL or
SL should be acceptable.
The terrible part about copyright and trademark questions is that the only real and true answers can come from a judge or a jury.
In my mind, this move is one that, coupled with
PR's decision to become CEO, means that LL is positioning itself for either a sale or an IPO. Either one should be pretty interesting.