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Bullying Bunnies threaten Legal Action over Ad

Amity Slade
Registered User
Join date: 14 Feb 2007
Posts: 2,183
08-04-2008 12:23
From: Colette Meiji

But yeah its likely those annoying you weren't official. If it was official LL would have just removed your items. Since Corporate Trademark Infringement (as opposed to copyright) is enforced by immediate take-down or rename .. when LL gets around to it.


Well, if it were a trademark registered by, for example, Amity Slade, Linden Lab might take a long time to investigate whether or not a takedown were warranted. For a trademark registered by Playboy, I bet the takedown would be of the immediate act now, ask questions later, variety.
Trout Recreant
Public Enemy No. 1
Join date: 24 Jul 2007
Posts: 4,873
08-04-2008 14:03
I tend to agree with Amity on everything she said except I don't think it's necessary for RL attorneys in SL to keep their professions secret. I haven't given anyone here any legal advice and I generally would not without a RL meeting to verify their identity or without some special knowledge that makes me comfortable doing it. On the other hand, I don't mind commenting on legal issues that come up that I'm comfortable with in a very general way. Most of the legal discussion on these forums is regarding Federal laws, rather than state laws. I can give my opinion of the federal online gambling laws like the UIGEA, or in intellectual property laws like the DMCA without there being any licensing issues.

In my jurisdiction, regardless of whether the person knows you are an attorney or not, an attorney/client relationship is formed (except in certain circumstances) when you give them legal advice.

As far as this goes, my personal, non-legal opinion is that it is a breach of ethics and blindingly unprofessional to behave as these two people did if they are actually Playboy's attorneys. If I were Playboy, this would be a much more serious issue to me than the OP's build, although I'd probably tell him to knock it off as well. My suspicion is that this was a practical joke or some sort of twisted RP. That doesn't change the OP's problems - he still potentially violated copyright and trademark laws. But what an embarassment to the profession these women would be if they were legit.
_____________________
From: Jerboa Haystack

A Trout Rating (tm) is something to cherish. To flaunt and be proud of. It is something all women should aspire to obtain!
Mickey Vandeverre
See you Inworld
Join date: 7 Dec 2006
Posts: 2,542
08-04-2008 15:03
Colette - Amity - Trout - I agree.....that's what I'm trying to get at.

I received a note from Playboy. Because of disclaimers in the email, I can't share it publicly.....but it confirms my suspicions. Also confirms trademark infringement :)

I need to forward chats to them.....I have the transcript from the public chat when they approached me....but I logged out before saving the private chat......isn't there a way to go into a history and snag that? I'm not coming up with the correct button to push.

Thanks.
Koriana Magic
Winged Zebra Unicorn
Join date: 29 Jul 2008
Posts: 44
08-04-2008 15:43
From: Mickey Vandeverre
Colette - Amity - Trout - I agree.....that's what I'm trying to get at.

I received a note from Playboy. Because of disclaimers in the email, I can't share it publicly.....but it confirms my suspicions. Also confirms trademark infringement :)

I need to forward chats to them.....I have the transcript from the public chat when they approached me....but I logged out before saving the private chat......isn't there a way to go into a history and snag that? I'm not coming up with the correct button to push.

Thanks.


They all are logged to the same folder, you just have to look there for the file with their name on it
Mickey Vandeverre
See you Inworld
Join date: 7 Dec 2006
Posts: 2,542
08-04-2008 15:55
Koriana.....and where might that folder be?

Thanks :)
Koriana Magic
Winged Zebra Unicorn
Join date: 29 Jul 2008
Posts: 44
08-04-2008 16:12
From: Mickey Vandeverre
Koriana.....and where might that folder be?

Thanks :)


in the edit preferences window on the communication tab there is a change path option, it lists the current path there
Trout Recreant
Public Enemy No. 1
Join date: 24 Jul 2007
Posts: 4,873
08-04-2008 16:13
From: Mickey Vandeverre
Colette - Amity - Trout - I agree.....that's what I'm trying to get at.

I received a note from Playboy. Because of disclaimers in the email, I can't share it publicly.....but it confirms my suspicions. Also confirms trademark infringement :)

I need to forward chats to them.....I have the transcript from the public chat when they approached me....but I logged out before saving the private chat......isn't there a way to go into a history and snag that? I'm not coming up with the correct button to push.

Thanks.


I'm assuming it confirmed that they weren't representing Playboy, but at any rate, if you are using the RC, then you can find their profile and open up an IM with them. The old IMs will be listed there in grey. It's a nice feature because when you talk to someone, you can skim up and remember what you talked to them about last. No guarantees. I don't think it always works.

Ctrl+C, create a new notecard, Ctrl+V, keep a copy for your records. Good luck!
_____________________
From: Jerboa Haystack

A Trout Rating (tm) is something to cherish. To flaunt and be proud of. It is something all women should aspire to obtain!
Mickey Vandeverre
See you Inworld
Join date: 7 Dec 2006
Posts: 2,542
08-04-2008 17:21
Two and half years....and I've never had reason to go back and review a chat! ha! Sorry, I need help with this.....but what is RC? When I pull up an IM....I don't see anything listed. When I went to Preferences....it seems that I don't have the box checked to save them....if I'm looking at the right thing.

I submitted the public chat log to them....which is probably enough.....but yes, it seems that there is a question about legitimacy.....no confirmation, yet.
Koriana Magic
Winged Zebra Unicorn
Join date: 29 Jul 2008
Posts: 44
08-04-2008 17:28
From: Mickey Vandeverre
Two and half years....and I've never had reason to go back and review a chat! ha! Sorry, I need help with this.....but what is RC? When I pull up an IM....I don't see anything listed. When I went to Preferences....it seems that I don't have the box checked to save them....if I'm looking at the right thing.

I submitted the public chat log to them....which is probably enough.....but yes, it seems that there is a question about legitimacy.....no confirmation, yet.


Ah yeah, you have to turn on logging (it gets reset with every reinstall or update)
Mickey Vandeverre
See you Inworld
Join date: 7 Dec 2006
Posts: 2,542
08-04-2008 18:02
OK - Thanks for the help....I didn't have the log chat feature on....so won't have it....but the public chat was probably enough.

Playboy's response was very polite and non-threatening. I have a hunch that Miss Bunny caused more of an issue than I did. I'm still comfortable believing that she wasn't legit, in the fashion that she Implied.
TundraFire Nightfire
Permafrostbilly
Join date: 5 Apr 2008
Posts: 532
08-04-2008 19:59
From: Koriana Magic
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.


I'd follow your advise...could be silly griefers looking to annoy you.
Trout Recreant
Public Enemy No. 1
Join date: 24 Jul 2007
Posts: 4,873
08-04-2008 23:08
From: Mickey Vandeverre
OK - Thanks for the help....I didn't have the log chat feature on....so won't have it....but the public chat was probably enough.

Playboy's response was very polite and non-threatening. I have a hunch that Miss Bunny caused more of an issue than I did. I'm still comfortable believing that she wasn't legit, in the fashion that she Implied.


RC = Release Candidate.

If I were Playboy I'd be a lot less polite to someone running around pretending to be one of my lawyers than I would to you. You might get a polite but formal note asking you nicely to fix the issue. She would get a strongly worded cease and desist letter.

Be thankful you didn't call your place "The Happiest Place on Earth" You don't want Mickey Mouse showing up on your doorstep with a bunch of heavily armed dwarves. Disney! For such a bunch of happy little cartoons, their corporate guys are a bunch of heavy-handed thugs.
_____________________
From: Jerboa Haystack

A Trout Rating (tm) is something to cherish. To flaunt and be proud of. It is something all women should aspire to obtain!
Mickey Vandeverre
See you Inworld
Join date: 7 Dec 2006
Posts: 2,542
It's Legit.....in a sense....
08-05-2008 08:29
From: Trout Recreant


Be thankful you didn't call your place "The Happiest Place on Earth" You don't want Mickey Mouse showing up on your doorstep with a bunch of heavily armed dwarves. Disney! For such a bunch of happy little cartoons, their corporate guys are a bunch of heavy-handed thugs.


LOL, Trout

I found an article at New World Notes about the Vigilant Bunnies....that sums it up. The Sim Owner is using them....to scout out "Knockoffs", and make a visit......so yes....they were legit in that sense....the sim owner sent them.....and yes, they think it's cool to come as Bunnies.

Contrary to the article....Her approach was not friendly. And the RL license was thrown in, which takes it quite a few levels above being reported to LL. I think she got carried away. I think she needs to leave her RL license in Real Life.....and have a review on "How to Win Friends and Influence People."

She apologized for her behavior in a chat that followed the initial threats....only because I called her back, and wanted her real life credentials (which I never got).....but once you've announced that you are an attorney to me......forget it. I take a legal threat seriously....and an apology for the way in which it was presented....doesn't change that.
PennyWhistle Cameron
Velocity Girl
Join date: 28 Jun 2006
Posts: 178
08-05-2008 08:48
I can't help you with the advertising issues, Mickey...but I do have a bunch of beagles I can send over to help you out.
Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
08-05-2008 10:06
From: Amity Slade
Well, if it were a trademark registered by, for example, Amity Slade, Linden Lab might take a long time to investigate whether or not a takedown were warranted. For a trademark registered by Playboy, I bet the takedown would be of the immediate act now, ask questions later, variety.


Yeah - Exactly.

Thats how LL operates.

If its a company they know about, your goose is cooked. Whether you actually infringed or not.

If its just some place with some tiny obscure Internet business they just yawn and put it on the back burner.
Lindal Kidd
Dances With Noobs
Join date: 26 Jun 2007
Posts: 8,371
08-05-2008 10:50
From: Mickey Vandeverre
LOL, Trout

I found an article at New World Notes about the Vigilant Bunnies....that sums it up. The Sim Owner is using them....to scout out "Knockoffs", and make a visit......so yes....they were legit in that sense....the sim owner sent them.....and yes, they think it's cool to come as Bunnies.....


Vigilante Bunnies. Sigh. Only in SL...

I think I might get a pack of Penny's beagles, just in case.
_____________________
It's still My World and My Imagination! So there.
Lindal Kidd
Blot Brickworks
The end of days
Join date: 28 Oct 2006
Posts: 1,076
08-05-2008 10:53
Fake bunnies,you never know.There are lots of ways to get round the logo that have been tried,here are just 2



_____________________


Blots Plot @ THE OLD MERMAID INN
http://slurl.com/secondlife/Dunbeath
/206/85/26

http://phillplasma.com/2009/05/01/blots-plot-the-old-mermaid-inn/
Amity Slade
Registered User
Join date: 14 Feb 2007
Posts: 2,183
08-05-2008 10:58
From: Mickey Vandeverre
LOL, Trout

I found an article at New World Notes about the Vigilant Bunnies....that sums it up. The Sim Owner is using them....to scout out "Knockoffs", and make a visit......so yes....they were legit in that sense....the sim owner sent them.....and yes, they think it's cool to come as Bunnies.



I wonder how much the Vigilant Bunnies are paid for their services in protecting the abundant profits of the Playboy empire.

Or is it a case of, "You girls get the awesome reward of the status of wearing skimpy outfits with the Playboy logo, while we boys will just settle for the reward of money."
Kira Cuddihy
Registered User
Join date: 29 Nov 2006
Posts: 1,375
08-05-2008 11:06
From: Trout Recreant
I tend to agree with Amity on everything she said except I don't think it's necessary for RL attorneys in SL to keep their professions secret. I haven't given anyone here any legal advice and I generally would not without a RL meeting to verify their identity or without some special knowledge that makes me comfortable doing it. On the other hand, I don't mind commenting on legal issues that come up that I'm comfortable with in a very general way. Most of the legal discussion on these forums is regarding Federal laws, rather than state laws. I can give my opinion of the federal online gambling laws like the UIGEA, or in intellectual property laws like the DMCA without there being any licensing issues.

In my jurisdiction, regardless of whether the person knows you are an attorney or not, an attorney/client relationship is formed (except in certain circumstances) when you give them legal advice.

As far as this goes, my personal, non-legal opinion is that it is a breach of ethics and blindingly unprofessional to behave as these two people did if they are actually Playboy's attorneys. If I were Playboy, this would be a much more serious issue to me than the OP's build, although I'd probably tell him to knock it off as well. My suspicion is that this was a practical joke or some sort of twisted RP. That doesn't change the OP's problems - he still potentially violated copyright and trademark laws. But what an embarassment to the profession these women would be if they were legit.

/me loves it when you talk "legaleze". Especially the "knock it off" part. It is just so sexy when it comes out of your mouth.
_____________________
Talarus Luan
Ancient Archaean Dragon
Join date: 18 Mar 2006
Posts: 4,831
08-05-2008 11:12
*shrug* Give them your attorney's RL name and address and tell them to send any legal notices/requests to him/her, otherwise, there is no way to tell if they are legit, and that you cannot take any communication from a fictional avatar seriously in RL. At that point, if they continue to harass, file an AR, mute, and ban.

RL professional attorneys, esp for major corporations, know the score and will follow standard legal notice procedure at that point.
Trout Recreant
Public Enemy No. 1
Join date: 24 Jul 2007
Posts: 4,873
08-05-2008 11:18
From: Kira Cuddihy
/me loves it when you talk "legaleze". Especially the "knock it off" part. It is just so sexy when it comes out of your mouth.


lol - want to hear the Rule against Perpetuities? It's pretty damned sexy.

"In order to be valid, a future interest in land must either vest or fail within 21 years of a life in being at the time of the creation of the interest."

I didn't cut and paste or anything. That was just off the top of my head. Basically, if you create anything which gives any sort of future interest, as opposed to a fee simple absolute, such as a fee simple on condition subsequent, that future interest must be a certainty or a failure within 21 years of a life in being. For example, if A gives Blackacre to B, but if the Yankees ever move to Cleveland, then to C, there is a clear violation because the reversionary interest in the real property is not tied to a life, let alone a life in being. More common is the situation where the property goes A to B, but if B, who is childless at the time of the creation of the interest, has children who fail to procreate, then to C. The failure in this case is based on the fact that B's children are not lives in being. A court would likely screw this up, but it could rewrite the deed to say that if B failed to have grandchildren, then to C. In that case, the life in being is B.

Fascinating. Also, largely useless. I think the rule has been statutorily abrogated in all 50 states, and even when it was valid, most lawyers went their entire careers without having to deal with it.

Can we make sexxies now? If not, I can explain the proper use of the dead man's statute to get statements of the decedent excluded from evidence in a probate case.
_____________________
From: Jerboa Haystack

A Trout Rating (tm) is something to cherish. To flaunt and be proud of. It is something all women should aspire to obtain!
TundraFire Nightfire
Permafrostbilly
Join date: 5 Apr 2008
Posts: 532
08-05-2008 11:54
You should be able to tell if they're legit or not by waving a few L's in their face and demanding to see their hooters.
Mickey Vandeverre
See you Inworld
Join date: 7 Dec 2006
Posts: 2,542
08-05-2008 16:31
Funny Stuff :)

Penny got me all set up. I've got 2 Rottweilers near the front door. One seems to have a fondness for small game..... The other one smokes a pipe and looks cool. Thanks Penny!
Kira Cuddihy
Registered User
Join date: 29 Nov 2006
Posts: 1,375
08-07-2008 19:53
From: Trout Recreant
lol - want to hear the Rule against Perpetuities? It's pretty damned sexy.

"In order to be valid, a future interest in land must either vest or fail within 21 years of a life in being at the time of the creation of the interest."

I didn't cut and paste or anything. That was just off the top of my head. Basically, if you create anything which gives any sort of future interest, as opposed to a fee simple absolute, such as a fee simple on condition subsequent, that future interest must be a certainty or a failure within 21 years of a life in being. For example, if A gives Blackacre to B, but if the Yankees ever move to Cleveland, then to C, there is a clear violation because the reversionary interest in the real property is not tied to a life, let alone a life in being. More common is the situation where the property goes A to B, but if B, who is childless at the time of the creation of the interest, has children who fail to procreate, then to C. The failure in this case is based on the fact that B's children are not lives in being. A court would likely screw this up, but it could rewrite the deed to say that if B failed to have grandchildren, then to C. In that case, the life in being is B.

Fascinating. Also, largely useless. I think the rule has been statutorily abrogated in all 50 states, and even when it was valid, most lawyers went their entire careers without having to deal with it.

Can we make sexxies now? If not, I can explain the proper use of the dead man's statute to get statements of the decedent excluded from evidence in a probate case.

OMG my head is swiming, it must be love.
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Lolita Pro
www.PhotosByLolita.com
Join date: 30 Oct 2006
Posts: 273
08-08-2008 13:11
Going back to the original concept of a Playboy Mansion possibly violating trademarks ... what about calling them

Playboy's Mansion or Playgirl's Mansion?
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