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Cited in Virtually Blind, Benjamin Duranske’s virtual law blog:
‘Aimee Weber’ (TM) Gets USPTO Stamp of Approval for Pigtails, Tutu, Wings, Tights, and Stompy Boots
Second Life’s ‘Aimee Weber’ (Alyssa LaRoche) recently became the first avatar with a registered trademark.
Quick primer: Second Life is an interesting social experiment. It’s a virtual world that has been quietly acquiring millions of inhabitants and is now beginning to reach into real world markets via issuance of its own currency (translatable to real life global money) and allowing real charter banks to conduct business within as well as real companies such as IBM. Second Lifers have also opened up their own stores, numbering into the tens of thousands.
Back to Aimee. With this ruling re: Virtual Aimee, the rules (defamation, copyright, trademark…) have shifted dramatically. What if the American Cheerleading Association decided to use a pig-tailed, striped tights wearing real life mascot at competitions? Is Virtual Aimee entitled to file for infringement? Flip the script, what if , in LinaLand (my virtual world, and I need to get out more often… ), I create Judge Julie and my own courtroom and try virtual cases? Will I be protected from the networks and (worse yet) Judge Judy, if Judge Julie is trademarked? Do the current trademarks hold against avatars?
Then there is the fact that , currently, there are very restrictive creative options available in “self” stylized avatars. (In Second Life, as with other virtual worlds, you can select to pair your caricatures features from a range of options: facial features, hair, clothing…). How does this limited range of expression options lend to creating a trademarkable character??
It becomes an even more convoluted situation as my attorney and ip maven friend, Ron Coleman points out:
“the PTO is exempt from any accountability for its prior determinations”.
So, as we move towards the ability to create our own “worlds” and living (guide) avatars becoming increasingly popular, next time your IT person loads up an avatar guide to navigate viewers around your firm’s site, make sure you have the PTO’s protective stamp.
FYI, this is Virtual Aimee:
BNI Operatives: Street smart; web savvy; Beacon Buddy trademark pending.
Filed under: Legal Decisions
