Taser Sues 'Second Life' for Trademark Infringement

Since 'Taser' is a brand name, and the virtual product is being bought and sold with real currency in virtual shops that also sell pornographic material, the company contends that its brand is being tarnished and diminished. Lodged in Phoenix, Arizona, the complaint states, "All of the defendants that sell virtual weaponry like plaintiff's real ones, under the mark Taser for use in the Second Life programs and grids, also sell adult-only explicit images and scenes."
According to the Second Life first quarter economic report, its online economy is booming with user-to-user monetary transactions projected to be $450 million this year (a $100 million increase from last year). Seems like Taser wants its cut, since the 'Don't tase me bro' fiasco probably hurt sales. [From: Bloomberg]





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Comments
3
Subscribe to commentsBritboyj27Apr 24th 2009 11:19AM
There's actually a pretty good precedent that prevents you from suing if your product is so ubiquitous that it's referred to as the generic item and not the brand-name, as Taser is.
I just can't remember the damned name of it.
Sales on the other hand, are different. You can call a Puff's Wipe a Kleenex on TV, but you can't sell them with a "Kleenex" tab in the supermarket.
That said, this isn't nearly as cut and dry as it looks.
SanskritApr 24th 2009 12:37PM
The term you're looking for is "genericized trademark."
http://en.wikipedia.org/wiki/Genericized_trademark
swisshhyyyxdApr 24th 2009 1:51PM
yay!