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Stealing Company Names

Dagmar Heideman
Bokko Dancer
Join date: 2 Feb 2007
Posts: 989
12-03-2009 21:06
From: Lindal Kidd
$325 to 375.00
That is just a filing fee. For trademarks it can end up costing a lot more than that. Trademark registration, while not as complicated as patent registration, is not as simple as copyright registration.

Most people retain an attorney to assist them with the process to ensure that the application is prepared properly, and to respond to any refusal letters from the PTO examining attorney and any opposition filings during the notice period. Assuming that there is no refusal issued by the examining attorney on relative grounds or non-compliance with formal requirements and no oppositions are filed, the cost including legal fees and filing fees will probably be around $600-$900.

If a refusal that is not based on absolute grounds is issued it can run up to several times that amount depending on the nature of the refusal issued (assuming one doesn't want to abandon the application at that point), and if there is an opposition filed, assuming you want to fight the opposition filing, depending on the strength of the motion, the legal fees can easily end up costing several thousands of dollars.
Namssor Daguerre
Imitates life
Join date: 18 Feb 2004
Posts: 1,423
12-03-2009 22:30
From: 3Ring Binder
oh please. who cares. i bet there are 20+ stores now with the exact same name as mine. i know for a fact i had mine first. but so what?
What if you thought of your name as a brand rather than a store. Starbucks had to cross that threshold at some point after expanding past a single Seattle store/coffee shop. People/groups with established names that have been around for several years acquire brand loyalty that adds value to what they do or create. That's something to care about if the customer base thinks the other 20+ stores are yours.
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Peggy Paperdoll
A Brat
Join date: 15 Apr 2006
Posts: 4,383
12-03-2009 22:36
From: Namssor Daguerre
What if you thought of your name as a brand rather than a store. Starbucks had to cross that threshold at some point after expanding past a single Seattle store/coffee shop. People/groups with established names that have been around for several years acquire brand loyalty that adds value to what they do or create. That's something to care about if the customer base thinks the other 20+ stores are yours.


So now we are talking about franchises or chain stores? Oh crap, this is getting too freaking real to be a virtual place if that is the case.

Actually, I think a lot of people do tend to take it too far. And I know Second Skin Lab is a real business so you are an exception. But for most who don't even make tier to consider spending the RL money on trademark registration, copyright or patents in SL...........that's getting a little too freaky.
Namssor Daguerre
Imitates life
Join date: 18 Feb 2004
Posts: 1,423
12-04-2009 07:13
From: Peggy Paperdoll
So now we are talking about franchises or chain stores? Oh crap, this is getting too freaking real to be a virtual place if that is the case.
My point has more to do with the business that is establishing a brand name, how that process might be derailed at a critical point, and how it becomes more important to maintain once a brand name is established.

Chain stores and franchises in SL actually HURT most business models based on brand recognition (my opinion). It wasn't until very recently that I set up a second store location for SSL. It was something I only considered under very special circumstances with B2P. Prior to that, I've had only one location for 5 years on land in Koss.

The only thing virtual about my business is the product. The time, money, dedication, and sweat equity are all real. That's more or less the same for other business' in SL too, regardless of size.

From: Peggy Paperdoll
Actually, I think a lot of people do tend to take it too far. And I know Second Skin Lab is a real business so you are an exception. But for most who don't even make tier to consider spending the RL money on trademark registration, copyright or patents in SL...........that's getting a little too freaky.
I think it's human nature to take it to the edge. Business is one of those areas that touches upon all sorts of motivation for pushing the envelope (innovation, collaboration, money, personal challenge, etc.). It is no surprise to me that it involves a competitive nature often backed by real and serious dollars. Similar motivations apply to small, part time, one person ventures and multiperson, mega continent enterprises. Incidently, I consider myself a small one person operation.
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Valdosta Sabretooth
Registered User
Join date: 17 Jul 2009
Posts: 2
Useful info
12-06-2009 01:26
I was going to start a new post but this is a good place i guess to post this tidbit of info for you an all to see... least content creators..

(( http://www.copyright.cornell.edu/resources/publicdomain.cfm ))

(( http://www.copyright.gov/title17/92chap1.html )))
(( removed text qouted from the above sites))
I shall leave you all to read it on your own merit as i ( ironically see a fault with me quoting them)) :D lol

now from all the books i have studied.. an papers read ect.. no difference have i found yet stating otherwise..
(edited below)
but for us that need simplicty.. this basically states ( appropriatly defined and acceptable under the listed above) << if i said that correctly ) introduced to the public for a price an NOT offered to a public domain for FREE is subject to copyright for said years.. thats including but not limiting to sounds, Architectural Works, ect..
(Patents are for the protection of basically the engineering of something)
names DO fall under trademarks.. BUT.. your content does not. .hope this helps.. more info can be retrieved from the two mentioned sites above among other sites but .gov is official... Ciao
Valdosta Sabretooth
Registered User
Join date: 17 Jul 2009
Posts: 2
Something i forgot to mention.
12-06-2009 01:45
(redited due to bad spacing, lol )

A person can take it to far ..wether it be vendictive or for just financial purposes but we need to all remember.. any content you create you are intitled to any funds you aquire for said works.. but what if some or all of those works are stolen.. what do you do?
destroy the life an all that revolves around the offender? Maybe try a peace talk with said offender an try to retrieve what you can from this pow-wow.? there are more then one said way to deal with any problem its merely how You choose to do so that reflects apon you.
Are you willing to destroy your own reputation for a said amount of punitive damages? sometimes people really do not think ahead of what lies down each road before they take off an most end up at destinations they wish they had not traveled too.. so step wisely before you leap. think it thru.. an don't act on anger as thats the biggest frolly of mistakes one can make..

like the little green guy said "Fear is the path to the dark side. Fear leads to anger. Anger leads to hate. Hate leads to suffering.” an this is so true.. an simply because if ya act on anger are you trully thinking it thru..NO you can;t ..an it's a proven fact.. alot of tips have been handed down to you an your anger is justifiable.. now it's entirely upto you what you choose to do but i suggest you do it well.. ya may not get a second chance.

An I Do wish you a happy first an second life to everyone.. even thoes that think hurting others is their only means of salvation.. for whatever reason.. but i can honestly say after losing a loved one.. material things are just that.. its life that is the most important factor of this world.. shame as an evolved being we can easily put a price on ourselves.. .. yeh just a rant on.. but least with due true points.. .

my opinion.. an all honesty.. i'm sorry for the poor schmuck that steals from me.. because i WILL pursue charges filed against them to the fullest extinct of the law an not only seeking retreaval of losses by theft of my content but also punitive damages an THATS where it hurts the most.. i have my court costs saved an ready for the dork that tries.. so what does that say about me? i'm a bad person or someone seeking justice.. your choice but least i get paid. ;p

AS for getting your trademark.. The price range differs from state to state i WAS told but thats un verified.. as technically you are under your countries protection so assuming that all protected works go to the same place which is listed under the official site per country as i do believe most majors have their own laws stated.. not sure if this would pertain to US or other but thats something for any business owner to read up on i suppose.. (kicks self for not doing so) ..the only price differances i can think off would be postage :S (added >> ) except like was already stated.. if it fails.. you may NOT want to try ,try again.. an they werent kidding. :S

the .gov site i listed in my previous post should have info but if not then try this. ( U.S. Patent and Trademark Office ) or links above as that will be informative to your question. GL the price for trademarks, logos, ect of same catagory are pricier then copyrights but not near as much as patents unless patent pendings are stated..(last edit>>;) with the exception of retries.. then patents or trademarks or copyrights can excell in costs ranging to an exceeding any an all other protections for works, names, ect.. but am not so upto date on exacts. ;p
Anyway.. you have all the info i think anyone would need giving from a great group of peeps above.. hope you get this resolved soon an maybe this incident will be a detour for others to repeat the offense.. some yolks just don;t know when they have over stepped their boundaries an others just don;t give a dam.. i say make them. >;)
madman626 Fall
Registered User
Join date: 24 May 2008
Posts: 60
sorry
12-07-2009 10:28
From: Kendal Kesslinger
My SL family and I have had a successful business in SL for 6 months+. Today I checked the traffic as I do everyday, and saw that there is another company that has just appeared WITH OUR SAME EXACT COMPANY NAME, doing the EXACT same business we do! Granted, our name is not copyrighted and or patented, however my question is, is this in volation of a TOS? Can they just steal our name? In th search, to get around the name stealing they put stars before and after the exact name to make the search accept it. I'm so angry I could scream! I calmy talked with the owners of that other company who seemed to blow me off as "not wanting competition" I don't care about competition, bring it! But to take our NAME????

Does anyone have any idea of what we can do?

i wonder if you really can do any anything i mean to me its might be the same letters use but
thay has you say here they got a * store name * and your dont. i bet LL wont think of it has the same name becuz of that . just my 2 l$ on it. that like saying we cant use or say the letters you use but looking at it prolly nothing will be done or become of it
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