Its not every day that we get to report TRADEMARK news, so this is a refreshing change from the norm. On Nov. 11, 2008, the United States Patent & Trademark Office granted what is believed to be the first trademark registration for a user’s avatar as an indication of the source of goods & services. Registration number 3,531,683 is for Computer programming services, namely, content creation for virtual worlds and three dimensional platforms. The interesting part, however, is the mark itself (pictured at left), which is an actual avatar in the virtual world of Second Life. The mark was registered on the Principal Register, meaning that the mark inherently has secondary meaning as a source of origin of goods and/or services (i.e., the mark is not generic or descriptive). The description of the mark reads: “The color(s) black, white, green, peach and blue is/are claimed as a feature of the mark. The color blue appears in the wings and the hair accessories. The color green appears in the shirt and skirt. The color black appears in the hair, eyes, eyebrows, lips, glasses, necklace, bra, waistband, in the striped pattern on the arms and stockings, as well as the toe and calf areas of the boots. All the elements of the drawing are also outlined in black. The color white appears in the eyes, the striped pattern on the arms and legs, as highlights on the black toes of the boots, on the front of the boots, and in the laces. The color peach appears in the skin.”
As the boundary between virtual world and real world continues to blur, trademark owners are now more likely than ever to consider enforcing trademark rights across real/virtual world boundaries. It’s also nice that the USPTO considers use of a trademark in a virtual world to be a use in interstate commerce (a requirement for obtaining a federal trademark registration, because federal trademark rights originate under the commerce clause of the United States Constitution).
Score 1 for virtual world IP rights.