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Minsky vs Linden Lab: Linden Lab responds, asks court to okay banning
Well, not 'banning', per se -- the term isn't exactly a meaningful one in a Second Life context -- Linden Lab is asking for the court to approve its termination of Minsky's account as a part of a general package of relief. As you may recall, Linden Lab and Minsky have been duking it out over trademarks: Minsky with his registered SLART trademark, and Linden Lab with its unregistered SL trademark. Now, Linden Lab doesn't normally bother with getting court-approval for terminating an account, yet they have asked for it in this instance. Likely they're worried that if they followed their normal procedure, certain parts of the Second Life Terms of Service would fall back under court scrutiny again -- and it did not fare at all well the last time that happened.
Minsky vs Linden Lab: USPTO won't cancel SLART trademark yet
Another step has been taken along the road for the dispute between Richard Minsky (registered owner of the SLART trademark), and Linden Lab (applicant for the SL trademark). The United States Patent and Trademarks Office (USPTO) has dealt something of a blow to Linden Lab's background effort to convincing the USPTO that Minsky committed fraud in registering the SLART trademark and that the SLART trademark should be cancelled. In short, the Trademark Trial and Appeal Board (TTAB) has suspended cancellation proceedings for now, so the Lab won't make any further progress on that front for the time being. Minsky asked the TTAB for the suspension of proceedings, and the Lab argued against it -- but the Lab's argument apparently didn't hold up on basic reasoning. We realize that the suspension of a cancellation proceeding generates a little confusion. Just bear with us, okay? One part is the cancellation process by which the USPTO determines if the SLART trademark should be cancelled. Whatever happens, there's no guarantee that it will be cancelled, even if the process resumes. The process itself has been suspended however, based on the TTAB agreeing with Minsky's reasoning that the cancellation process should not proceed at this time. Suspension. Cancellation Process. Got it? Right, on with the show ... Are you a part of the most widely-known collaborative virtual environment or keeping a close eye on it? Massively's Second Life coverage keeps you in the loop.
Minsky vs Linden Lab: Restraining orders and petitions
The dispute between Richard Minsky (registered owner of the SLART trademark), and Linden Lab (applicant for the SL trademark) has been heating up. Minsky previously 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, and fraud. Until such time as the judge decides whether a preliminary injunction should be granted, a temporary restraining order has been put in place -- most of the restraint being applied to Linden Lab. Meanwhile, Linden Lab has filed a petition of cancellation seeking to have the US Patent and Trademarks Office (USPTO) cancel Minsky's ownership of the SLART trademark. Are you a part of the most widely-known collaborative virtual environment or keeping a close eye on it? Massively's Second Life coverage keeps you in the loop.
Minsky vs Linden Lab: Minsky's mark
You 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, 2007, 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. Are you a part of the most widely-known collaborative virtual environment or keeping a close eye on it? Massively's Second Life coverage keeps you in the loop.
