Virtual Trademarks

84 Pages Posted: 17 Feb 2008

See all articles by Candidus Dougherty

Candidus Dougherty

Rutgers School of Law - Camden

Greg Lastowka

Rutgers School of Law


In this article, we discuss how trademark law might apply to virtual worlds and virtual economies. In Part I, we consider how trademark infringement in virtual worlds resembles and differs from trademark infringement in other media. In Part II, we look at the various business models of contemporary virtual worlds and how commerce takes place within them. In Part III, we consider the circumstances where trademark infringement may occur in virtual worlds by discussing questions of use, confusion, dilution and fair use. In Part IV, we examine the issue of contributory trademark infringement.

Keywords: trademark, virtual world, contributory trademark infringement, trademark fair use

JEL Classification: K11, K13, K19, K3

Suggested Citation

Dougherty, Candidus and Lastowka, Greg, Virtual Trademarks. Santa Clara Computer and High Technology Law Journal, Forthcoming, Available at SSRN:

Candidus Dougherty (Contact Author)

Rutgers School of Law - Camden ( email )

Newark, NJ
United States

Greg Lastowka

Rutgers School of Law ( email )

Newark, NJ
United States


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