SLART v. Linden Lab: The First Trademark Enforcement Case in Metaverse — The Croatia-USA Connection that Changed IP Law
In 2008, long before the legal world was consumed with discussions about NFTs, the metaverse, or digital twins, a quiet but significant legal milestone occurred. This groundbreaking case preceded by 15 years some of the most notable metaverse litigation, including Hermès International v. Rothschild (the “MetaBirkins” case) before the United States District Court for the Southern District of New York (2024) and Yuga Labs v. Ripps before the United States District Court for the Central District of California (2023).
The case involved Mr. Richard Minsky, a registered U.S. trademark, a virtual world, two young attorneys who had met as students at one of the nation’s premier IP law schools, UNH Franklin Pierce Law School and who were then practising from Zagreb, and a United States District Judge (N.D.N.Y.). It became the first known case where a Temporary Restraining Order (TRO) was granted to protect a trademark used exclusively in a virtual environment.
That case was Minsky v. Linden Lab, concerning the trademark SLART in the virtual world Second Life. While I was not officially on the record, I was deeply involved both professionally and personally in the events that unfolded.
The Background: SLART and Second Life
Richard Minsky, a renowned book artist and publisher, had registered the trademark SLART with the USPTO. The mark had established a presence in Second Life, a pioneering virtual platform where users built, transacted, and socialized through avatars.
When the mark was misused in-world by other users, Minsky pursued legal action against the platform’s operator, Linden Lab. His legal adviser was my then wife, a U.S. licensed attorney practicing under the avatar name Juris Amat, a reference to my name and my law firm’s domain, amatlaw.com.
Due to bar restrictions, I could not formally and directly represent Minsky. However, behind the scenes, I provided counsel throughout the case: researching precedents, developing strategy, and supporting Tamiko at every step. We both recognized that this case carried historic implications for intellectual property law.
Legal Firsts in a Virtual World
The federal judge granted a TRO to prevent further infringement of Minsky’s trademark making it the first documented case where U.S. trademark law was actively enforced in a fully virtual context.
This precedent established something profound: that real-world IP rights extended into virtual environments, even when the alleged infringement occurred entirely within digital boundaries.
Today, this principle feels commonplace but in 2008, it was uncharted legal territory.
Lessons That Continue to Resonate
At the time, the case gained significant attention and was covered by major publications including The Guardian and Engadget. It is now taught at many law schools as one of the pioneering intellectual property cases in the metaverse.
I remain proud of the role this law firm played in this legal turning point that was well ahead of its time.
The SLART case proved to be a preview of what was to come. Today, trademarks, domain names, and brand identities are deployed across digital platforms that are increasingly immersive, international, and complex. Effective enforcement requires foresight, legal creativity, and sensitivity to evolving technology exactly what this case demanded in 2008.
Today, Matijević Law Firm continues to focus on brand protection, intellectual property, and legal strategies in both digital and physical spaces. The lessons from the SLART case both professional and personal continue to guide our practice.
If you’re navigating virtual or cross-border brand issues, or need strategic IP advice in our increasingly digital-first world, please feel free to contact me directly.
This case represents a milestone not only in virtual world law but also in the evolution of intellectual property protection in digital spaces. We are grateful for the foundation provided by our education at UNH Franklin Pierce Law School, where we developed the theoretical knowledge that proved essential in navigating this unprecedented legal challenge.