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SLX account deleted after merger

Taylor Lubezki
Bratty - Neko
Join date: 12 Aug 2007
Posts: 498
01-22-2009 06:25
Ok here's the deal. I HAD an XStreet account on Tuesday and posted an item for the Pittsburgh Steelers.. The item was pulled for what I was told was a trademark violation for the word Steelers.. The was the exact words from one of the respected staff of the old XStreet in an e-mail message was I could modify the item's word and put it back up..

I modified the item, name, package and description and reposted.

I then get a notice from "SUPPORT"@xstreet.com not from an individual that my account had been closed for posting this item again.

I responded to that and still haven't heard anything back from the new XStreet.

It's not fair that I am told one thing from the previous staff and suspended by the "new" staff for doing what I was told was a legal move.

I hope that this type of unfair treatment doesn't happen to anyone else who has been a good merchant for over 4 years and has spent a lot of money with LL.
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Dante Tucker
Purple
Join date: 8 Aug 2006
Posts: 806
01-22-2009 06:31
There is no "new" staff. The support staff and all other staff will remain the same.

LL has aquired XStreetSL as is. And the original team is mearly joining LL, not being replaced.

It has always been, and still is safest to contact support for there blessing before reposting a previously removed product (even if it was modified.)
Ceka Cianci
SuperPremiumExcaliburAcc#
Join date: 31 Jul 2006
Posts: 4,489
01-22-2009 06:32
i'm sorry to hear that..myself i'm probably just gonna cancle my account there and use someone else..
the support system over there is probably gonna be as good as the great support we get here and just as caring..
bleh..
it's superbowl time of year and people can't sell superbowl items..thats just stupid..
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Brenda Connolly
Un United Avatar
Join date: 10 Jan 2007
Posts: 25,000
01-22-2009 06:33
From: Ceka Cianci
i'm sorry to hear that..myself i'm probably just gonna cancle my account there and use someone else..
the support system over there is probably gonna be as good as the great support we get here and just as caring..
bleh..
it's superbowl time of year and people can't sell superbowl items..thats just stupid..


FYI...just saying "Superbowl" in any type of advertising venture is a violation of NFL trademark
Taylor Lubezki
Bratty - Neko
Join date: 12 Aug 2007
Posts: 498
01-22-2009 06:34
From: Dante Tucker
There is no "new" staff. The support staff and all other staff will remain the same.

LL has aquired XStreetSL as is. And the original team is mearly joining LL, not being replaced.

Dante the point is....

Before the buy out.. you would get a notice from someone with a name...

Now you get a notice from "Support" and expect some type of response in a minimum of 24 hours..

Previous to the deal you could get a response from some of the staff there. (Don't want to say names) with in minutes. now they operate LL way and it takes forever.. you are thrown into a queue and wait.
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Taylor Lubezki
Bratty - Neko
Join date: 12 Aug 2007
Posts: 498
01-22-2009 06:35
From: Brenda Connolly
FYI...just saying "Superbowl" in any type of advertising venture is a violation of NFL trademark

The item does not say Superbowl.. I am well aware of that.. in radio we say the Big Show or something to that effect..
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Brenda Connolly
Un United Avatar
Join date: 10 Jan 2007
Posts: 25,000
01-22-2009 06:36
From: Taylor Lubezki
The item does not say Superbowl.. I am well aware of that.. in radio we say the Big Show or something to that effect..


No I wasn't referring to you. Just in general.
Ceka Cianci
SuperPremiumExcaliburAcc#
Join date: 31 Jul 2006
Posts: 4,489
01-22-2009 06:40
From: Brenda Connolly
FYI...just saying "Superbowl" in any type of advertising venture is a violation of NFL trademark

ya i know..but i see all these guys at the gas stations on every corner selling this stuff and bleh.it just feels stupid i guess i should have said..i know it's about copyrights and all..
i guess it's more frustration with LL now more than being reasonable .they just piss me off in every way right now..
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Victor1st Mornington
Registered User
Join date: 2 Feb 2008
Posts: 158
01-22-2009 06:43
From: Dante Tucker
There is no "new" staff. The support staff and all other staff will remain the same.


...for now, maybe 1 or 2 months down the line once LL has their mits firmly on XSL's assets the old staff will be quietly fired more than likley...and then replaced by M Lindens yes men team.
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Rhaorth Antonelli
Registered User
Join date: 15 Apr 2006
Posts: 7,425
01-22-2009 07:31
From: Taylor Lubezki
Ok here's the deal. I HAD an XStreet account on Tuesday and posted an item for the Pittsburgh Steelers.. The item was pulled for what I was told was a trademark violation for the word Steelers..



my guess is (and this is a guess as I do not know what the item is) is that if it has a steelers logo on it, then it is also still trademark infringement


it is rather strange though how some folks get away with copyright infringement and others do not


reminds me when hubby was doing comic hero costumes, he got a notice from LL to remove them for copyright and trademark reasons so he did

yet we still (almost 2 years later) still see the same comic hero costumes (using the correct hero names, no changes to the costume etc) being sold on the grid....
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They are taking away the forums... it could be worse, they could be taking away the forums AND Second Life...
Taylor Lubezki
Bratty - Neko
Join date: 12 Aug 2007
Posts: 498
01-22-2009 07:41
Well the thing is.. I changed what I was told to change..

After much reseach the actual logo doesn't even belong to the steelers and doesn't have a trademark filing on it.

That's why I'm so PISSED.. I did what they said... followed THIER directions and get my accont closed..

If this is just a glimpse of what is yet to come... SL / SLX will perish very soon. Who in their right mind will put up with this while earning money for them?
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Rhaorth Antonelli
Registered User
Join date: 15 Apr 2006
Posts: 7,425
01-22-2009 07:46
From: Taylor Lubezki
Who in their right mind will put up with this while earning money for them?


sadly.... many many people will
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From: someone
Morpheus Linden: But then I change avs pretty often too, so often, I look nothing like my avatar. :)


They are taking away the forums... it could be worse, they could be taking away the forums AND Second Life...
Tarina Sewell
Just Browsing Thank you
Join date: 20 Jul 2007
Posts: 2,180
01-22-2009 07:52
From: Rhaorth Antonelli


it is rather strange though how some folks get away with copyright infringement and others do not






It is REALLY strange how this happens I notice it all over... perhaps if you didn;t sell them but gave them for 0L? Would this make a difference because I certainly see gucci and chanel items in freebie packs since I started on SL almost 2 years ago.

now.. check this out..

I see a superbowl shirt with both logos on tshirt.... on xstreet now.

darn it why dont my links work
Yuriko Nishi
Registered User
Join date: 27 Feb 2007
Posts: 288
01-22-2009 08:07
if LL or the xstreet staff gets a report (or a dmca) they have no choice. the have to remove the item.

steelers shirts without a license from the steelers is probably not allowed :)

there are many items on xstreet in that category, if you get bored, report them, and they will be removed :D

harley bikes, hummer cars, rolex watches, nike shoes... ect.

if you want to be sure, dont use logos (then it´s no steelers shirt anymore i know) , and dont call it "steelers shirt" but "shirt that was inspired by a steelers shirt design" (yeah dumb example, but thats how it works)

edit: you have probably been reported by a competitor, as i dont think the steelers really care about it

sorry about your trouble
Maelstrom Janus
Ban Ban Lines !!!
Join date: 4 Jul 2007
Posts: 1,220
01-22-2009 09:20
I wonder if we''ll see every item based on a sci fi film or tv series or every item based on a r/l sports team removed too....there are a lot of 'em in xlstreet and I imagine theyre just as copyright as this team...
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Lias Leandros
mainlander
Join date: 20 Jul 2005
Posts: 3,458
01-22-2009 09:26
And also - look forward to having you Slexchange account frozen if you get suspended from SL for any reason. And if your convicted of money fraud in SL - look forward to having your SLexchange account drained by LL also.

Not a good idea to store money on your Slexchange account any longer.


.
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Talarus Luan
Ancient Archaean Dragon
Join date: 18 Mar 2006
Posts: 4,831
01-22-2009 09:50
Uhhh...

You posted an item to cash in on the "Superbowl" hoopla related to a team playing in the Superbowl, but it didn't have the logo of the team on it? wut?

If it DID have the current logo of the team on it, it IS trademarked to death, and what you did was most certainly infringement, and I would have done the same thing if it were my site, except I probably would have given you a lot more verbal warning of exactly why I did it.

I'd say they probably did the right thing in this case, even though they may not have handled it correctly (and I do mean "may"; we have only your side of the story to go by; they may indeed have told you that the item was pulled for trademark infringement).
Taylor Lubezki
Bratty - Neko
Join date: 12 Aug 2007
Posts: 498
01-22-2009 10:22
From: Talarus Luan
Uhhh...

You posted an item to cash in on the "Superbowl" hoopla related to a team playing in the Superbowl, but it didn't have the logo of the team on it? wut?

If it DID have the current logo of the team on it, it IS trademarked to death, and what you did was most certainly infringement, and I would have done the same thing if it were my site, except I probably would have given you a lot more verbal warning of exactly why I did it.

I'd say they probably did the right thing in this case, even though they may not have handled it correctly (and I do mean "may"; we have only your side of the story to go by; they may indeed have told you that the item was pulled for trademark infringement).


I posted an item that didn't have SUPER Bowl on it. The Logo ISN'T trademarked as it has been researched and being raised by a man working for the company with proper contacts I asssure you it isnt.

Also if you read it.. I told you what was told to me by the staff to fix the item to make it suitable to their guidelines.. I follwed their directions!! What I did was not infringement. It was their way. not mine!! Pay attention. If you would like to see the emails from them they can be viewed at www.ovahauled.com. See for yourself.
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Cito Karu
Registered User
Join date: 23 Jul 2008
Posts: 229
01-22-2009 10:30
MLB and NFL are really pushing their trademarks hard this year, you can't list ANYTHING that has to do superbowl or world series or any team logos even if the names are mispelled since you can tell by the modified logo what the intent is.

they have also shut down 2 websites selling simple photos of games and stuff.
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madddyyy Schnook
SLGuides Virtual Worlds
Join date: 2 Jan 2006
Posts: 207
01-22-2009 10:36
You got banned for re-listing the item.

From your webpage with the emails they sent i saw this at the bottom.

" In addition, if you would like a chance to modify your item to remove
the trademarked material, please let us know and we will assist you.
Re-listing the item again, even if fixed, is not allowed. "

You relisted it, they said no. its been a common rule for a long time that relisting is a NO NO.

they banned because you broke there rules. not LL but the rules that slx have had for years.
and if no trademark exists, tell them and give em proof. prolly unban you.
Talarus Luan
Ancient Archaean Dragon
Join date: 18 Mar 2006
Posts: 4,831
01-22-2009 10:37
From: Taylor Lubezki
I posted an item that didn't have SUPER Bowl on it. The Logo ISN'T trademarked as it has been researched and being raised by a man working for the company with proper contacts I asssure you it isnt.


Link me to a sample; I can't tell without seeing what you were selling if it indeed was trademarked or not, but if it looked confusingly similar, and was sold in the same context as the actual logo, then I think SLX did the right thing.

Was it remotely reminiscent to this trademarked logo for the team?



From: someone
Also if you read it.. I told you what was told to me by the staff to fix the item to make it suitable to their guidelines.. I follwed their directions!! What I did was not infringement. It was their way. not mine!! Pay attention. If you would like to see the emails from them they can be viewed at www.ovahauled.com. See for yourself.


*shrug* Seems like you didn't read the messages they sent you. They clearly said TWICE that *YOU* shouldn't relist the item, and that THEY will restore the original listing for you to modify. The first email outlines the policy, which was not contradicted at all: "Re-listing the item again, even if fixed, is not allowed." (emphasis mine)

If you had followed instructions, your account would not have been disabled.

Again, you (apparently) posted a NEW listing for the item; you didn't modify the EXISTING listing. THAT was the part that got your account disabled.
Aztek Aeon
Registered User
Join date: 4 Jan 2008
Posts: 644
01-22-2009 10:40
From: Taylor Lubezki
I posted an item that didn't have SUPER Bowl on it. The Logo ISN'T trademarked as it has been researched and being raised by a man working for the company with proper contacts I asssure you it isnt.

Also if you read it.. I told you what was told to me by the staff to fix the item to make it suitable to their guidelines.. I follwed their directions!! What I did was not infringement. It was their way. not mine!! Pay attention. If you would like to see the emails from them they can be viewed at www.ovahauled.com. See for yourself.



I am sorry to say that all major league sports logos are indeed trademarked. Apparel is a HUGE business and licenses to use those logos are scant & come at a very high price. Wherever you received your info is incorrect.

SLX is covering themselves on this and I in no way blame them, no matter what a staffer said. Should you have been banned? A bit harsh, but you can't blame them on this one, Taylor. They don't want to be slammed with legal action by the NFL, nor do you. Why take even the remote chance?


I love your clothes...don't risk it all for one outfit!


"© 2009 NFL Enterprises LLC. NFL and the NFL shield design are registered trademarks of the National Football League.The team names, logos and uniform designs are registered trademarks of the teams indicated. All other NFL-related trademarks are trademarks of the National Football League. NFL footage © NFL Productions LLC"

You can find more info on licensing here https://www.nfl.info/NFLConsProd/Welcome/default.htm


**Edited to say I have seen the amended product & it was clearly a trademark violation, according to terms of the NFL
Taylor Lubezki
Bratty - Neko
Join date: 12 Aug 2007
Posts: 498
01-22-2009 10:42
From: Talarus Luan
Link me to a sample; I can't tell without seeing what you were selling if it indeed was trademarked or not, but if it looked confusingly similar, and was sold in the same context as the actual logo, then I think SLX did the right thing.

Was it remotely reminiscent to this trademarked logo for the team?





*shrug* Seems like you didn't read the messages they sent you. They clearly said TWICE that *YOU* shouldn't relist the item, and that THEY will restore the original listing for you to modify. The first email outlines the policy, which was not contradicted at all: "Re-listing the item again, even if fixed, is not allowed." (emphasis mine)

If you had followed instructions, your account would not have been disabled.

Again, you (apparently) posted a NEW listing for the item; you didn't modify the EXISTING listing. THAT was the part that got your account disabled.


A completely redone Item can't be relisted.. The box was changed the name was changed the content was changed. It was a totally new item.. The old item could not be relisted as it was in the magic box. It was a totally new item not a re-listing of the same one. It was modified as instructed.
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Lear Cale
wordy bugger
Join date: 22 Aug 2007
Posts: 3,569
01-22-2009 10:46
From: Tarina Sewell
It is REALLY strange how this happens I notice it all over... perhaps if you didn;t sell them but gave them for 0L? Would this make a difference because I certainly see gucci and chanel items in freebie packs since I started on SL almost 2 years ago.
It makes a difference in the damanges that can be awarded, but not the legitimacy.
Cito Karu
Registered User
Join date: 23 Jul 2008
Posts: 229
01-22-2009 10:47
yea but someone must have been keeping eye waiting for the relisting and reported it.

nfl or someone affiliated
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