Massively multiplayer online games (“MMO”) are online role playing games where players from all over the world interact with one another. Often in MMOs, a player creates a character, also known as an avatar, which becomes an embodiment of the player in the game. MMO players may set up a virtual business where they provide virtual goods and services in exchange for virtual money which may be exchanged for real money.

Already, a number of intellectual property issues have arisen in these games. For example, in 2004, Marvel Comics filed a lawsuit against the MMO “City of Heros” alleging trademark infringement.  Marvel Comics alleged that the game allowed and promoted users to create characters that infringed on Marvel’s trademarks. The lawsuit settled in December 2005 under undisclosed terms.

More recently, the U.S. Patent and Trademark Office issued a design trademark registration for an avatar in the MMO “Second Life”. The avatar and mark are owned by Alyssa Laroche. The mark, Registration No.: 3,531,683, is for “Computer programming services, namely, content creation for virtual worlds and three dimensional platforms.”

A second mark, also owned by LaRoche, “AIMEE WEBER STUDIO”, Registration No.: 3,531,682, registered on the same day for “Computer services, namely, content creation for virtual worlds and three dimensional platforms.”

Law.com reported that these were the first two U.S. trademarks to be issued for marks that identify services solely within a virtual world; however, this is not entirely correct. (http://www.law.com/jsp/legaltechnology/pubArticleLT.jsp?id=1202432993006&Intellectual_Property_in_Virtual_Worlds). Though the content created may exist in the virtual world, the services, namely computer programming, take place in the real world.

Image from: http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77110299

Filed under: Trademark by davidi