http://trademarkblog.disqus.com/enWed, 07 Apr 2010 20:15:07 -0000http://www.schwimmerlegal.com/2006/07/real_trademark.html#comment-43761342<p>Interesting post. Are virtual worlds to be treated like foreign jurisdictions, outside of the control of the USPTO, or not? The idea that virtual Gucci jeans are sold for commercial gain is fairly problematic when one considers that Linden Dollars and gold pieces from make-believe worlds are not generally recognized as currency outside of the games themselves (though there are currency exchanges where they can be traded for actual currency from the yen to the euro). The further you examine the problem, the more complicated it gets. For example, assuming these virtual Gucci jeans are sold for commercial gain, where does the transaction occur? In the virtual realm? In the jurisdiction where the buyer resides? Where the servers hosting the game reside? And what is the gain if the purchase price is a magic sword? Or a sleeping draught? How do you value the transaction?</p><p>I'm still waiting for a good trademark case that alleges that Bob the Hideous Unicorn sold a sea chest of virtual Rolex watches to the Arch-mage Beezulbubski for the secret of eternal life. Prosecute that, why don't you?</p>GuestWed, 07 Apr 2010 20:15:07 -0000