December 09, 2018
Trademark complaint from Linden Lab
Strawberry Singh (Berry) published a post to communicate that she had to remove a video tutorial she recorded with the aim of educating people to use Second Life® and encouraging them to join the game.
The reason of this is that Linden Lab, in the person of Tia Linden, has contested the improper use of the Linden Lab Trademark.
Specifically, the Trademark appears on the Linden Lab website and in-world welcome area that Berry uses in her video to educate to the account registration and to the beginning of the game.
Berry, in her post, says she wants to share this experience to inform other Bloggers / Vloggers about the risks involved in the use of the LL (Linden Lab) Trademark.
Furthermore, following the request for clarification from the well-known fashion blogger, LL specifies that she had to remove the parts of videos containing the Second Life® Logo to not cause to the reader the expectancy that the video was created by an official member of the LL Staff.
What is the meaning of this request?
The rules on the Trademark and why they exist
The reason for the rules about Trademark is that LL wants to prevent a blogger from exploiting the official mark to mislead the visitor by believing it is an official statement to get a higher traffic (number of visits).
The reason for the Trademarks rules is always the one just mentioned, to avoid that the blogger misled reader/visitor and that there is an undue traffic because of this mistake.
The Linden Lab mistake
From a regulatory point of view, the Linden Lab falls into error, interpreting the rule in a debatable way and behaving with Berry accordingly.
In fact, the well-known blogger did not use the SL® logo to put it as a video logo (a behavior that would have been illegal and to be censored). Instead, she recorded a video of the official LL website, as well as the in-world welcome area.
This behavior cannot generate any misunderstanding, Berry is simply illustrating how to use a game.
Otherwise, we should say that the numerous video tutorials found on YouTube or Vimeo about how to use a software (for example, Photoshop) are illegal and have to be removed instantly because they resume (albeit for educational purposes) the Adobe logo.
On the other hand, how can you create a video tutorial, without showing how to register on the site and how to proceed in the welcome area that is, as is known, the first place a new account access within the game?
The apology of Linden Lab
Berry’s article has created confusion among the bloggers and indignation among the (numerous) fans of her.
Fortunately, the Linden Lab has distanced itself from a rigid and senseless interpretation of trademark legislation and has issued its apology to the blogger who has thus been able to re-upload the removed video.