TRUly Lame
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Ciaran Laval
Mostly Harmless
Join date: 11 Mar 2007
Posts: 7,951
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06-06-2009 06:06
From: Phil Deakins Wasn't that aimed at a type of product and not a brand? What I mean is, was there more than one brand of hover mower at the time? Oh it was aimed at a brand, but I'm pretty sure you never used to be allowed to name a rival brand, so they went for the type of lawnmower their rival sold instead.
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Ciaran Laval
Mostly Harmless
Join date: 11 Mar 2007
Posts: 7,951
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06-06-2009 06:07
From: Lord Sullivan Thats why I asked it as a question, I wonder where the lines should be drawn, to me using the word truly is no biggie especially as its a word but I would imagine it was because they got funny as maybe they saw it as an insult. The uppercase TRU is the issue I would imagine.
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Phil Deakins
Prim Savers = low prims
Join date: 17 Jan 2007
Posts: 9,537
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06-06-2009 06:13
From: Ciaran Laval The uppercase TRU is the issue I would imagine. Does TRU sell toys in 10 packs?
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Ceera Murakami
Texture Artist / Builder
Join date: 9 Sep 2005
Posts: 7,750
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06-06-2009 06:31
I do wonder how the OP would feel if the shoe was on the other foot, and it was _his_ work being insulted by a competitor on xstreet. If a competitor stated in their ads "You won't find textures like these in one of those lame VonYuckstein texture packs", would he think that was just fine?
If your product is truly superior, its quality should speak for itself, and you should not need to stoop to insulting a competitor. I certainly wouldn't stoop to that level myself, in any ad I took out. And it appears that LL thinks people who advertise and sell via xstreet shouldn't do so, either.
(Note, I do not own or operate Textures-R-Us. I am an independent contractor who happens to sell their textures at Textures-R-Us.)
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Sorry, LL won't let me tell you where I sell my textures and where I offer my services as a sim builder. Ask me in-world.
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VonGklugelstein Alter
Bedah Profeshinal Tekstur
Join date: 22 Dec 2007
Posts: 808
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06-06-2009 07:05
From: Amity Slade If you're lawyer helps you out, then he isn't a scumbag, is he?
If you knew what he charges, you would agree with me. That happens to be his nickname, I won't tell you what he calls me.
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Phil Deakins
Prim Savers = low prims
Join date: 17 Jan 2007
Posts: 9,537
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06-06-2009 07:13
From: Ceera Murakami I do wonder how the OP would feel if the shoe was on the other foot, and it was _his_ work being insulted by a competitor on xstreet. If a competitor stated in their ads "You won't find textures like these in one of those lame VonYuckstein texture packs", would he think that was just fine?
If your product is truly superior, its quality should speak for itself, and you should not need to stoop to insulting a competitor. I certainly wouldn't stoop to that level myself, in any ad I took out. And it appears that LL thinks people who advertise and sell via xstreet shouldn't do so, either.
(Note, I do not own or operate Textures-R-Us. I am an independent contractor who happens to sell their textures at Textures-R-Us.) It would be difficult to avoid being biased even though you don't own Textures R Us. I'm not the OP but I'd be flattered if my competitors advertised that their stuff is better than mine. "Lower prims than Prim Savers"  People, who may never have come to my place, would come to see what this "Prim Savers" is, and I'd do well from it.
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VonGklugelstein Alter
Bedah Profeshinal Tekstur
Join date: 22 Dec 2007
Posts: 808
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06-06-2009 07:35
From: Ceera Murakami I do wonder how the OP would feel if the shoe was on the other foot, and it was _his_ work being insulted by a competitor on xstreet. If a competitor stated in their ads "You won't find textures like these in one of those lame VonYuckstein texture packs", would he think that was just fine?
If your product is truly superior, its quality should speak for itself, and you should not need to stoop to insulting a competitor. I certainly wouldn't stoop to that level myself, in any ad I took out. And it appears that LL thinks people who advertise and sell via xstreet shouldn't do so, either.
(Note, I do not own or operate Textures-R-Us. I am an independent contractor who happens to sell their textures at Textures-R-Us.) Yes actually I would be more than fine with it. I actually like Von Yuckstein.. it has a ring of power and sexiness...and maybe when I start making 10 Packs some day - I will call them the VONYUCKSTEIN TRUTEXTURE SERIES PACK. The problem is not so much the whining of the other store owner for me for accidentally mis-capitalizing a word and then liking it rather than fixing it, leave it as it was. The problem is LL or those Leftclick happy censorship Nazis from SLX sitting in a cubicle holding a gun to my head telling me I cannot use the word TRUy when it is not even a valid Store name. may I recommend you turn on the TV and watch a few commercials. The TV is full of companies slamming their competitors in every imaginable way and many even mention their names. You are messing with free speech. yes 10 Packs are TRUly lame! that is my oppinion and I stand 100% behind it!
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VonGklugelstein Alter
Bedah Profeshinal Tekstur
Join date: 22 Dec 2007
Posts: 808
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06-06-2009 07:44
and thanks for all the input btw, I appreciate it.. all except the Llionel Richie song, that was abusive.
here is the wording from ythe shakedown email:
This item is in violation of the Marketplace Listing Guidelines for Non-competitive or abusive behavior Please modify or remove the reference to TRU textures
TRUly lame!
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Mickey Vandeverre
See you Inworld
Join date: 7 Dec 2006
Posts: 2,542
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06-06-2009 08:13
Have you ever heard the phrase...."Any Publicity is Good Publicity"......?
Looks like you're helping out quite a bit with that....might be shooting yourself in the foot a tad. I would suggest that is truly lame....but trying to cut down on posting facts that are misinterpreted as insults.
I think I'll run by there tonight, and pick up some textures. Thanks for the reminder.
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Yumi Murakami
DoIt!AttachTheEarOfACat!
Join date: 27 Sep 2005
Posts: 6,860
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06-06-2009 08:31
I think this probably _is_ trademark violation, but I still have a real problem with the general attitude to enforcement by the Lindens - namely, that it is devastating, unaccountable, and selective.
From what I understand, this is a case where a resident was _banned_ - completely banned - for violating an in-world company's trademark in a product listing, in the absense of any actual complaint by that in-world company.
Yet at the same time, LL allowed the Harry Potter sims to develop in stark violation of hundreds of trademarks and exclusive interactive entertainment rights, and their stock response to any allegations was, "well, Warner haven't complained". Even when people were acted against, they were only asked to rename the offending objects, not just BANNED.
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VonGklugelstein Alter
Bedah Profeshinal Tekstur
Join date: 22 Dec 2007
Posts: 808
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06-06-2009 09:57
From: Yumi Murakami I think this probably _is_ trademark violation, but I still have a real problem with the general attitude to enforcement by the Lindens - namely, that it is devastating, unaccountable, and selective.
From what I understand, this is a case where a resident was _banned_ - completely banned - for violating an in-world company's trademark in a product listing, in the absense of any actual complaint by that in-world company.
Yet at the same time, LL allowed the Harry Potter sims to develop in stark violation of hundreds of trademarks and exclusive interactive entertainment rights, and their stock response to any allegations was, "well, Warner haven't complained". Even when people were acted against, they were only asked to rename the offending objects, not just BANNED. not banned just forced to remove the word TRUly That's how they ask, they disable access to your items until you do as you are told. And yes it looks like the use of TRU is a trademark violation, we will find out Monday.
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Oryx Tempel
Registered User
Join date: 8 Nov 2006
Posts: 7,663
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06-06-2009 10:24
From: VonGklugelstein Alter I will have my scumbag lawyer call the Owner.... I take offense at that.
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Ceka Cianci
SuperPremiumExcaliburAcc#
Join date: 31 Jul 2006
Posts: 4,489
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06-06-2009 10:58
From: VonGklugelstein Alter and thanks for all the input btw, I appreciate it.. all except the Llionel Richie song, that was abusive.
sorry about the Lionel Richie song No i'm NOT!! hahahaha Oh don't do it..Don't look here.DO NOT CLICK THIS LINK ===> http://www.youtube.com/watch?v=AgH-jWCny9U
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Viktoria Dovgal
…
Join date: 29 Jul 2007
Posts: 3,593
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06-06-2009 12:26
It's not going to make everything better to get someone's trademark permission. That dig would still be against Xstreet rules. It's in their listing guidelines, way at the bottom of disallowed actions: From: someone * item listings which are abusive against another Merchant or their products.
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Amity Slade
Registered User
Join date: 14 Feb 2007
Posts: 2,183
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06-06-2009 12:28
From: VonGklugelstein Alter
This item is in violation of the Marketplace Listing Guidelines for Non-competitive or abusive behavior Please modify or remove the reference to TRU textures
That's a different issue altogether. It has nothing to do with trademark, but I guess XStreetSL has some sort of "play-nice" rules. That's a matter of contrct, not IP. Unless those rules are selectively and unfairly enforced, there's probably nothing your scumbag lawyer can do for you. Though I am all in favor of Linden Lab being sued into oblivion. It was one of my New Year predictions for Second Life.
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Amity Slade
Registered User
Join date: 14 Feb 2007
Posts: 2,183
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06-06-2009 12:45
From: Cortex Draper Are you allowed to directly name and insult other companies in advertising? I know in the UK that doesn't normally happen so I *assume* it isn't allowed. Perhaps it is?
Do American adverts name and insult other companies ? In America, as long as an advertiser doesn't make a false or misleading statement, the advertiser is free to insult away. Take for example the ubiquitous "Mac vs. PC" ads. (Which routinely insult Microsoft and Windows by name.) http://www.apple.com/getamac/ads/
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Benski Trenkins
Free speech for the dumb
Join date: 23 Feb 2008
Posts: 547
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06-06-2009 14:23
Even if you are allowed in the USA to offend your competitor, on the Xstreet site it is not, they stated that (see Viktoria Dovgal's post) LL owns the site, and you just have to respect their rules.
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RezzVendor: http://slurl.com/secondlife/Creative%20Hearts/56/104/23
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VonGklugelstein Alter
Bedah Profeshinal Tekstur
Join date: 22 Dec 2007
Posts: 808
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06-06-2009 14:47
From: Amity Slade That's a different issue altogether. It has nothing to do with trademark, but I guess XStreetSL has some sort of "play-nice" rules. That's a matter of contrct, not IP. Unless those rules are selectively and unfairly enforced, there's probably nothing your scumbag lawyer can do for you.
Though I am all in favor of Linden Lab being sued into oblivion. It was one of my New Year predictions for Second Life. Nice is for sissies and girls! hahaha Buying SLX was one of the keys to that, collecting commisions takes them off the Service Provider Immunity List. I will not speculate on timing but some day someone with a brain and a lot of evil inside them along with a good scumbag lawyer will end them. Probably somebody who paid them a lot of money and got tired of being treated like a child instead of a paying customer. Trademark or not, I did not mention their name, I only must have offended the owner of that store personally by accident. Honestly half the stuff on SLX offends me, should I AR it all?
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Kokoro Fasching
Pixie Dust and Sugar
Join date: 23 Dec 2005
Posts: 949
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06-06-2009 17:11
From: VonGklugelstein Alter Nice is for sissies and girls! hahaha Buying SLX was one of the keys to that, collecting commisions takes them off the Service Provider Immunity List. I will not speculate on timing but some day someone with a brain and a lot of evil inside them along with a good scumbag lawyer will end them. Probably somebody who paid them a lot of money and got tired of being treated like a child instead of a paying customer. Trademark or not, I did not mention their name, I only must have offended the owner of that store personally by accident. Honestly half the stuff on SLX offends me, should I AR it all? Just odd I find it that someone who makes so many Wiccan items is so completely at odds with the Wiccan rede.
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Ian Nider
Seeds
Join date: 20 Mar 2009
Posts: 1,011
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06-07-2009 01:15
From: Phil Deakins It would be difficult to avoid being biased even though you don't own Textures R Us. I'm not the OP but I'd be flattered if my competitors advertised that their stuff is better than mine. "Lower prims than Prim Savers"  People, who may never have come to my place, would come to see what this "Prim Savers" is, and I'd do well from it. Yeh, it's free ads for you!
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Playin' Perky Pat
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Feldspar Millgrove
Registered User
Join date: 16 Nov 2006
Posts: 372
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06-07-2009 01:38
From: VonGklugelstein Alter This item is in violation of the Marketplace Listing Guidelines for Non-competitive or abusive behavior This sounds like they are accusing you of "abusive behavior", not "trademark violation".
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Katheryne Helendale
(loading...)
Join date: 5 Jun 2008
Posts: 2,187
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06-07-2009 02:22
From: Ceera Murakami If your product is truly superior, its quality should speak for itself, and you should not need to stoop to insulting a competitor. I certainly wouldn't stoop to that level myself, in any ad I took out. And it appears that LL thinks people who advertise and sell via xstreet shouldn't do so, either. IANAL... However, regardless of whether it is ethical or not, or what anyone's opinion of the style of advertising is, naming one's competitor in a negative way in one's advertising campaign is perfectly legal in the United States as long as neither slander nor libel are involved. Anyone who is not aware that this practice is commonplace either does not live in the US or does not watch much TV.
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Ian Nider
Seeds
Join date: 20 Mar 2009
Posts: 1,011
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06-07-2009 03:54
From: Katheryne Helendale IANAL... However, regardless of whether it is ethical or not, or what anyone's opinion of the style of advertising is, naming one's competitor in a negative way in one's advertising campaign is perfectly legal in the United States as long as neither slander nor libel are involved. Anyone who is not aware that this practice is commonplace either does not live in the US or does not watch much TV. They can do it here in Australia too.
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Playin' Perky Pat
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Ceka Cianci
SuperPremiumExcaliburAcc#
Join date: 31 Jul 2006
Posts: 4,489
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06-07-2009 08:14
i learned quickly that they can pretty much say what they want about their own product as well as long as the product was not present at the time.. *a tube of crest toothpaste fades from the screen* 9 out of 10 dentists say crest is the best freaking toothpaste they ever tried!! *tube reappears* so buy crest today 
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