Trademark Enforcement in a Digital World

The digital world is more than just your website.  The internet has grown to be a common marketplace for goods and services and often leaves trademark owners in the difficult position of policing a digital world.  This would be much easier if the digital world did not extend beyond the basic consumer website.  The virtual world extends into the lives of avatars in Second Life ® or the World of Warcraft ®.  If you believe someone has infringed on your trademark in one of these virtual worlds, contact an experienced trademark lawyer who will be able to take the appropriate steps to protect your trademark.

Problems in virtual worlds

If a trademark owner chooses to enter a virtual world and begin to conduct business, they must be careful that the risks of trademark infringement or dilution may be multiplied in this online world.  Trademark owner protection is limited to his or her level of control over the content within the virtual world.  In the real world, a trademark owner has significantly more control over the policing and protection of his or her mark, but in the virtual world a more established user of the environment may be able to better manipulate the rules of the game or service to disparage or dilute the trademark. Before conducting business in a virtual world, you should contact your trademark lawyer to identify steps for protection. 

The next great problem with a virtual world trademark infringement is the lack of evidence of infringer actions.  In these virtual playgrounds, information moves at the speed of light and individual actions and comments are rarely saved for later access.

The final obstacle for a trademark owner in a virtual world revolves around the difficulty to pinpoint the location of an infringer.  The protections available to a trademark owner may be minimized or even evaporated if the infringer is accessing the internet in a country other than where you have sought protections.

Although less likely, a patent owner also faces some threats in the virtual world.  Because patents are attached to a more tangible piece of property than the average trademark, patent infringement is less likely, but not impossible.  Patent owners who enter a virtual world must be just as vigilant as trademark owners.  Your patent lawyer can advise you on how to avoid potential infringers in your virtual world.

What now?

Because the internet and virtual worlds have become such a large piece of commerce, a trademark or patent owner is often best served by taking the risk of entering these worlds.  An experienced trademark lawyer can help you determine what steps should be taken to protect your intellectual property in the online worlds.

Contact us for help with your trademark or patent

If you would like more information about how the trademark law firm of Lawrence E. Evans, LLC can protect intellectual property in your industry, please call (314) 303-1193 or contact us online.