by 0x8186f24558cbf7c08871b64e90ce993961b1daa8 (Himalayas)
In the names section on the marketplace i saw some company names (e.g. LockheedMartin) which are on sale and i wanna ask the community if this could be legal because of copyright.
- Yes
- No
I believe this is illegal( like you alluded to, because of copyright issues). Imagine an individual claiming to be the Nike brand, and then copying various designs and earning money through this scheme. The individual is essentially creating a fake of Nike and appropriating there name for monetary benefits-- this should be illegal right? Nike must have the right to sue, or report this vendor, right?
These are my thoughts, what do you all think?
Just found these: Specifically, wearables may not:
- Involve illegality, such as piracy, criminal activity, terrorism, or child pornography
- Infringe third party intellectual property rights
- Contain cruel or hateful imagery that could harm, harass, promote or condone violence against, or that is primarily intended to incite hatred of, animals, or individuals or groups based on race or ethnic origin, religion, nationality, disability, gender, age, veteran status, or sexual orientation/gender identity
- Contain content that is libelous, false, inaccurate, misleading, or invades another person’s privacy
- Breach the Privacy Policy
- Contain any content that promotes or could be construed as primarily intending to evade the limitations described above
Found it here: Publishing Wearables | Decentraland
Im not a lawyer but I hold a few trademarks…
Trademarks are category specific and you are required to police it yourself.
Brand names can register coverage for traditional websites, or downloadable apps, or web apps, but I doubt most have specific coverage for ENS and more specifically the DCL domain on ENS. You are allowed to purchase any domain name you want for the traditional web, regardless of if you “own the brand”. That brand may try to stop you from putting it to use, but nothing wrong with owning it. This was a business model of the late 90s.
If you were to purchase a name in DCL that belonged to a name brand like Nike, use it for many years without them noticing or reaching out, they wouldn’t have a leg to stand on in a court setting, as they are required to police it and didn’t notice it or its effect on their business. Thankfully, Jason has effectively started this entire process for us with his massive name collection of brand names and other trademarks.
Currently, you can buy whatever name you want in DCL. You may risk a name ban, but that requires a DAO vote. I think its safe to say that as long as your name isnt intended to stir up hate or violence, that you wont make it to the chopping block for a vote.
I don’t think youll get great feedback polling the DAO on this question. Polls like this cause voter fatigue.
The proposal is about DCL names, not wearables.