Don't Sue Me, Bro... Taser Drops Suit Against Second Life

Don't Sue Me, Bro... Taser Drops Suit Against Second Life

July 25, 2009

TASER International has - at least for now - dropped a trademark infringement suit against Linden Lab, which operates Second Life.

As GamePolitics reported in April, the maker of the controversial stun guns, filed suit after it discovered virtual TASER replica items being sold in Second Life as gear for SL avatars (see pic at left).TASER also alleged that its brand would be damaged via association with virtual sex and virtual drug use occuring within Second Life.

Virtual World News reports:

Taser filed a Notice of Voluntary Case Dismissal... and adds that because Linden never filed an answer to the original complaint, the dismissal is "without prejudice" -- meaning Taser could choose to refile at a later date.

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Re: Don't Sue Me, Bro... Taser Drops Suit Against Second ...

"and adds that because Linden never filed an answer to the original complaint"

Does Linden have to file an answer for the case to go on?

http://www.magicinkgaming.com/

Re: Don't Sue Me, Bro... Taser Drops Suit Against Second ...

If the defendant doesn't file an answer, the plaintiff can go on to claim a win by default.

And, as I recall, Linden stopped the use of the "TASER" mark on Second Life immediately after the suit was filed. 

Re: Don't Sue Me, Bro... Taser Drops Suit Against Second ...

Couldn't it be argued that taser is such an ubiquitous term for any stun gun like device that they kinda lost the trademark? We do say things like "he got tased." Maybe it's just me who uses the term as a catch all.

Re: Don't Sue Me, Bro... Taser Drops Suit Against Second ...

Absolutely. And there's a pretty damn good argument to be made that "TASER" has become genericized. But until that argument is indeed made and a court agrees with it and rules that TASER has lost it trademark rights, then TASER hasn't lost it trademark rights. 

GamePolitics ShoutBox

Posted 02/09/10 at 01:18pm
Valdearg: I do agree that it shouldn't be legal. That's for sure.
Posted 02/09/10 at 01:16pm
Andrew Eisen: Shouldn't be. Spirit of anti-discrimination laws would seem to include sexual orientation (and eye color). Plus there's always equal protection and such. Never know until you try.
Posted 02/09/10 at 01:14pm
Valdearg: @AE: Doubtful. Again, it's perfectly legal.
Posted 02/09/10 at 01:10pm
Andrew Eisen: Should have sued (unless that wasn't an option given her financial situation or something). Might have won.
Posted 02/09/10 at 01:00pm
Valdearg: Story about a Male to Female TG who was expressly told she wouldn't be given a job because she was TG. Its not the main point of the story, but explicit, perfectly legal discrimination like this exists.
Posted 02/09/10 at 12:53pm
Valdearg: Lol, I don't know. It may very well be legal to do so. Though that might able to fall under the "race" restriction, depending on how that point is argued.
Posted 02/09/10 at 12:51pm
Valdearg: I don't think they do have any legal recourse. I'll have to dig around, but I seriously believe that if the law doesn't specifically mention Sexual Orientation or Gender Identity, they can still be discriminated against in those 29 states.
Posted 02/09/10 at 12:51pm
Andrew Eisen: Eye color isn't covered either but I doubt it would be considered legal to refuse to hire people with green eyes.
Posted 02/09/10 at 12:48pm
Andrew Eisen: My explanation is longer than the Shoutbox will allow. Suffice to say that while those who are discriminated against do have legal recourse, anti-discrimination law should specifically cite sexual orientation so that there’s no question about it.
Posted 02/09/10 at 12:42pm
Valdearg: "There is no federal law that consistently protects LGBT individuals from employment discrimination; it remains legal in 29 states, and in 38 states to do so based on gender identity or expression." From the Human Rights Campaign.
Posted 02/09/10 at 12:40pm
Valdearg: @AE: Why don't you think I'm correct? I know Wiki could be flawed, but as far as it says, its up to date as of June 2009.
Posted 02/09/10 at 12:39pm
Andrew Eisen: I don't think you're right but I really don't know and don't have the time to find out. However things actually are, it's very clear how they actually should be.
Posted 02/09/10 at 12:34pm
Valdearg: "just because there's no specific state level protection for it, doesn't make discrimination right or legal." I would disagree. If there's no laws against it, it makes it perfectly legal. It's definitely not right, but perfectly legal to do.
Posted 02/09/10 at 12:33pm
Valdearg: Meaning in 29 states, private sector discrimination against gays is perfectly legal.. Sickening.
Posted 02/09/10 at 12:33pm
Valdearg: 19 states have no protections, and another 10 only have protections for public sector jobs.
Posted 02/09/10 at 12:32pm
Andrew Eisen: Well, most businesses have equal rights policies in place and just because there's no specific state level protection for it, doesn't make discrimination right or legal. Still, no argument against adding such protections.
Posted 02/09/10 at 12:28pm
Valdearg: More information. Apparently, it's worse than I actually thought.
Posted 02/09/10 at 12:28pm
Valdearg: Check the link. Apparently, its more like 20 states that have no protections.
Posted 02/09/10 at 12:26pm
Andrew Eisen: In the US? Not that I'm aware of. Sad if true.
Posted 02/09/10 at 12:25pm
Valdearg: @AE: Actually, I think, at least for now, businesses can still discriminate against gays in a few states.. Something like 5 or 8. Its part of why Gay Rights Advocates are in support of the Employee Nondiscrimination Act, or ENDA.
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