Stephen S. Wu-- SL: Legal Writer,, (408) 573-5737, 50 W. San Fernando St., Ste. 750, San Jose, CA 95113

Richard Minsky Opposes the Motion to Dismiss in His Trademark Infringement Case Concerning Second Life

This past week, Richard Minsky opposed the motion to dismiss his fraud claims against Linden Research Chairman Philip Rosedale, and former Chairman Mitch Kapor. Rosedale and Kapor are defendants in Minsky’s case, in which he asserts his rights to the federally registered trademark SLART against Linden Research. Rosedale and Kapor sought dismissal of the fraud claims against them, and Minsky’s opposition seeks to keep the fraud claims in the case. I expect Rosedale and Kapor to file a reply brief in support of their motion, after which Judge Lawrence E. Kahn will rule on the motion.
It is fairly typical for defendants to seek dismissal of fraud claims against them in federal court, due to heightened requirements for pleading fraud claims. In specific, plaintiffs must plead fraud with specificity. They must state the specific circumstances in the case that constitute fraud.

Mr. Minsky points to a number of public statements of Kapor and Rosedale, in which they contend that Second Life preserves the intellectual property rights of users. Minsky then says that he relied on their false statements that he could start a business in Second Life, make real money doing so, and retain his intellectual property rights. Mr. Minsky says these statements were false, and he relied on them to his detriment.