Bullying Bunnies threaten Legal Action over Ad

Picture this.....you've only had your new ad up for a few hours....(one that you have used repeatedly for 2 years).....and 2 cute little bunny girls pop onto your land....and after the "Hello"....tell you that you have to change the wording of your ad because you are violating licensing for a trademark.....and one of the little bunny girls is an attorney licensed in 5 states. I'm sorry....but I had to tell her that it is difficult for me to believe, the way she is dressed, standing in Fantasyland.

I advertise "Playboy" Mansions and "Playgirl" homes....because playboys, playgirls, swingers, bachelors, etc. buy them. Yeah...the words used as a keyword bring the right personality.

They say I am advertising it as THE Playboy Mansion. NOT. I have no ladies with ears and tails around. No Hugh like figure in sight. No bunny Logos. It is very clearly for sale....and not an entertainment venue. I could also call it a Swinger Mansion....which would describe Swingers....or a Bachelor Pad....which describes bachelors.....I'm simply describing playboys. I am not exploiting their product....I am describing a personality.

This is not the first time someone has bullied me about advertising. I changed up my ads for them....not because of the threat...but because it won't effect my ads at all....and because I don't feel like paying my expensive attorney to deal with this. Although....he is going to be laughing his azz off, when I tell him about this....

They also had the nerve to call me a "Little Fish"....and to inform me that real life money is being made in SL.....No Kidding, Sherlock.....I was making it way before that bunny showed up.....and that because I am only a "Little Fish".....they are giving me a courtesy call before action is taken.

It's also about "presentation"....and "approach"....don't threaten me with demands, one second after "Hello"....and if you're a RL attorney issuing a RL threat....put on a business suit, and shed the ears and tail, and skimpy outfit before your visit.

What would YOU do? Keep the original wording and let them take a shot at you? if they are Legit? do they even have a legitimate infringement? I believe that it is not. I'm using the term to bring in a personality to buy, a generic term.......not to bring in clients for bunnies to hop on.

I'll probably get a "supposed" slander suit threat, now...if the bunny is indeed an attorney.

Where I come from. They shoot uppity bunnies, and then, if they are not courteous enough to die. They stomp em. Saves Bullet Number 2 for the next uppity bunny. If only art could imitate life in SL.

only 1 word comes up in mind:

LOL



create a small dirt corner and grow some carrots and point them to it on their next visit

Depending upon how your ad is written, you could have Trademark trouble. One of the key issues is whether you use the words "Playboy" and "Playgirl" in a way that may cause confusion with the Trademarked names. But that's an issue of fact that cannot be determined without looking at the ad.

By the way, if there is a dress code for women in Second Life before they can be taken seriously, is there also a dress code for men before they could be taken seriously?

Playboy and Harley Davidson are the two biggest enforcers of logos, copyrights and other issues like this in your USA.

You cannot even legally use the term playmate in any item.
Your daft if you think you can use the word in any context and not draw some fire.

I work with clothing , distribution and design and these two brands are VERY offlimits in our indsutry, due to the very good legal enforcment by the afore mentioned companies.

Open your mind if you think they need to be dressed in "legal" attire. we are in SL. Most likely they are company scouts.
You'd be well advised to re-label now before the real sharks appear, and they will if you continue. No amount of rationalizing will change the outcome. Ask Bratz.

You didn't mention the wording in your post, or, if you did, I missed it.

As stated in responses above, Playboy has been vigorously enforcing their rights. There have been some articles written on their enforcement within SL. Although they've taken things seriously and have been quite active, they've also worked with SL retailers in a respectful way (at least some of the time).

If I were you, I'd propose a compromise and see if they'll negotiate. Be courteous, respectful, and professional regardless of how the representatives of the company are dressed.

Thing is if they are the legit representatives of the playboy estate, they would be using proper channels and not sudden conversations.

So till there is a proper request about the trademarks done, there is nothing to go by.

Actually, Playboy may be doing it this way to avoid coming across as a heavy-handed, bullying, mega-corporation. And that may explain why the representatives were dressed as bunnies.

This article from last May may help:
http://virtuallyblind.com/2008/05/13/playboy-investigates-trademarks-in-second-life/

Here's a pertinent quote from it:
"I love the way Playboy is approaching the problem....It now looks like they’re taking a smart, long-term view of their presence in virtual worlds, and are...trying to find creative ways to police their trademarks without instantly defaulting to lawsuits, or even DMCA notices.

"Where they hit resistance, they’ll have to consider a suit eventually, but it’s good to see companies handling these issues with some sensitivity to the fact that they arrived well after their brand was already being represented by fans."

I already changed the wording to the way they "wanted" me to word it. But how do I know they are legit? Anyone can be whatever they want to be, here. I can land on someone's store right now...and do the exact same thing.

The wording of the ad was "Playboy Mansion"....like Bachelor Pad....describing a particular type of person's home.....I did not say THE Playboy Mansion which would describe an entertainment facility. They "whomever they might be" told me it was ok to say Mansion for Playboys.

As far as "dress"....if you want me to believe that you are representing yourself as a Real Life Professional with a License.....with a Real Life Legal Threat.......I would think it was common sense on how you should present yourself while making the threat, to be taken even somewhat seriously.

I have a professional license in RL....but I'm not going to be tossing credentials about in SL, while I'm dressed in a skimpy bikini....because that is "unprofessional".....in fact....I think tossing it about regardless of how I'm dressed, is unprofessional and is like skating on thin ice in SL......I wonder if the bar associations would approve.....forget the appropriate attire....but about tossing about your RL license credentials about through an avatar in SL that can not be identified.

Plus set your self chilled in a chair with a 10 gauge.

I agree that you should ask them to prove they are legitimate representatives of Playboy. And the onus is on them, no doubt.

If one of them is actually an attorney dressed as a bunny, then she probably has already thought about and discussed the likelihood that some people will have a difficult time believing she is billing time while wearing bunny ears and a tail.

Or you could see if she's a member of a group named "Bunnies who've passed the Bar."

Whatever!

Any critters come raiding my carrot patch get vapourised.

LOL on the Bunny Humor. I hope my attorney doesn't bill me for the HOUR he's going to laugh at this.

I read that Article, Miles...thanks....but their approach today, was offbase....so evidently someone didn't get The Memo. After an intelligent discussion (where I assured her she was not messing with a nitwit).....she did invite me for a tour by one of the bunnies....but she had already blown it, by then.

When Corporations come into SL....I hope they have a scout in advance....who actually "lives" here a while.....and can teach them some Etiquette toward people who are Little Fish.....but contribute in their own little ways.....which would be the bulk of the population who actually contribute.

They seem to make a huge entry with plenty of Hype....but I don't see long term hype....and the ability to fit in with the population who is actually participating on a daily basis. I've viewed the sims the Corporations make at a huge expense....some times impressive....some times not.....but once is enough.....there is no reason to go back.....someone obviously didn't do their homework.

Mickey, if it turns out that these people really represent Playboy, then I hope everything works out for you. It sounds like you're taking a level-headed approach. Keep us posted here if there are any other developments.

Might LL know? If these bunnies show no credit card info used, I doubt if they're legit. If they do, perhaps LL can provide you with some assistance figuring out what's going on.

If they're not legit, LL would then be duly informed that a new form of Griefing is being perpetrated on residents.

--Rema

Maybe you could include a disclaimer in your ad to the effect of "While this is a mansion for playboys, it's not "the" Playboy Mansion. That woudl make what it is clear and it would make Playboy Mansion show up in search.

The USPTO TESS trademark system at http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=8ulgpe.1.1 shows two dead trademarks for "Playboy Mansion" and one for a movie called " A Night At The Playboy Mansion".

Anyone claiming to be a lawyer and acting as such on behalf of a client should have no problem giving you all the real world information that would normally be on their business card. Then you'd be able to verify with their states bar association and have your lawyer send them a letter to their RL office.

Let them send you an email from their rl company, because there is a chance that they give you fake rl information. They can't fake an original email address.

You can spoof it... just ask spammers

This is actually the most interesting thing that anyone has said in this discussion. I wonder how many people are walking around thinking that you can't fake an email address? (Or perhaps this person was joking. Because anyone can send email that appears to come from anywhere.)

I'd say you really can't tell who those bunny girls are in RL. Just tell them they need to give you proof of who they are. The ball is in their court after that. If they can't prove they represent Playboy then they honestly can't tell you to do anything. I'm sure Playboy themselves wouldn't want any one but their own legal counsel or their own representatives to issue warnings.

Just because a trademark registration is expired does not mean that the trademark cannot be enforced, and Playboy Mansion is certainly still actively being used (famously of course) in commerce. So I would think that Playboy has a perfectly good case about a virtual "property" that is described as a "Playboy Mansion".

I would expect their representatives to fully identify themselves in-world, though, when approaching someone on business. I'd expect all the things that would be on their letterhead, so that verifiable RL conversations could be held. There's an interesting asymmetry here, since one of the main reasons that Playboy's lawyers are using this "low key approach" is to avoid the cost of going through a legal process with Linden Lab to get your RL identity.

This is just another example of the egotistical maniacs of sl who run rampant in they're warped thinking.


Bless their souls..


..said the devil.

Doesn Playboy actually have an Island in SL, and if so wouldn't these bnnies be part of their staff group and if so why not talk to the group owner.
Or perhaps they aren't who they say they are and are just opposition alts trying to be a pain to you.
Some proof might be nice, Name, year & month they appeared in Playboy

I would think that only the agrieved party can take action over a trademark violation. If these bunnies don't represent the owner of the trademark, they can't do anything apart from drawing you to the attention of the TM owner.