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Stolen business name?

Suki Hirano
冬の温暖
Join date: 30 May 2008
Posts: 172
01-16-2010 11:06
Too bad there's no business name checker in SL... what are the chances that you'll create a name that's never been used before? More than half of the shops on SL doesn't even appear in search.
_____________________
空想の旋律
Sling Trebuchet
Deleted User
Join date: 20 Jan 2007
Posts: 4,548
01-16-2010 11:16
From: Suki Hirano
Too bad there's no business name checker in SL... what are the chances that you'll create a name that's never been used before? More than half of the shops on SL doesn't even appear in search.


I can just see it :)

LL would announce it - and there would be no charge to register.
People would register 1000's of business names and then sell them to people who wanted a "good" business name.
The big operators would automate the process, registering 10's of 1000's of word combinations.

Whether or not this is one of the considerations for LL in not permitting the transfer of avatar accounts, who knows?
_____________________
Maggie: We give our residents a lot of tools, to build, create, and manage their lands and objects. That flexibility also requires people to exercise judgment about when things should be used.
http://www.ace-exchange.com/home/story/BDVR/589
Phil Deakins
Prim Savers = low prims
Join date: 17 Jan 2007
Posts: 9,537
01-16-2010 11:42
From: Couldbe Yue
Grief, now I can smell burning martyr.

You have had a lot of people show support for you, perhaps you'd do well to remember that.
I think you misunderstood me. The "bias" I mentioned, if it exists at all, is by any mod who read my request and didn't lock the thread. I didn't mean ordinary forum users.
_____________________
Prim Savers - almost 1000 items of superbly crafted, top quality, very low prim furniture, and all at amazingly low prices.

http://slurl.com/secondlife/Seymour/213/120/251/
Phil Deakins
Prim Savers = low prims
Join date: 17 Jan 2007
Posts: 9,537
01-16-2010 11:46
From: Sling Trebuchet
That's you in a nutshell.


You and 99 other gamers harm people by *cheating* in order to shove them 100 places down the rankings.

Your attempt to imply that ethical optimisation is the same as your cheating ---- epic fail.
Can't you follow your own train of thought, Sling? You posted that my causing other pages to drop in the rankings causes those people harm. I said it doesn't. Methods were nothing to do with it. I understand you trying to make methods part of it, because you do exactly the same thing, and your point was shown to be wrong.

So stop trying switch streams mid-discussion. If you want to discuss methods, start another thread.
_____________________
Prim Savers - almost 1000 items of superbly crafted, top quality, very low prim furniture, and all at amazingly low prices.

http://slurl.com/secondlife/Seymour/213/120/251/
Couldbe Yue
one unhappy customer
Join date: 30 Mar 2008
Posts: 1,532
01-16-2010 12:06
From: Phil Deakins
I think you misunderstood me. The "bias" I mentioned, if it exists at all, is by any mod who read my request and didn't lock the thread. I didn't mean ordinary forum users.


The quickest way to get a thread locked/removed is to go to live chat and ask them to do it. I did it once for a thread (not even mine) on xsl that went out of control and it was removed within 10 minutes (oddly enough that was to do with Vryl too)

As for Vryl, it could have been either self preservation (a lot of threads I've seen relating to her usually descend into a vitriol that is unbeatable) or to support for one of the companies who provide items for the library (as the company she represents does).

most likely though it was just a quick live chat that did it.
_____________________
Satiated Desires: Toys for Grown Ups.
Inworld: http://slurl.com/secondlife/Norf%20Haven/186/132/55
XSL: https://www.xstreetsl.com/modules.php?name=Marketplace&MerchantID=77743&&sort=age&dir=asc
Blog: http://satiateddesires.wordpress.com/
Couldbe Yue
one unhappy customer
Join date: 30 Mar 2008
Posts: 1,532
01-16-2010 12:13
From: Sling Trebuchet
Yeah, but it's something to do once in a while, in'nit?

I have no illusions about ever turning the minds of unprincipled people who abuse SL for their own gain. I see plenty of muppets like them in RL.

It's just a bit fascinating to have a few live specimens here in the Forums to poke at.

I really quite enjoy it when Phil goes into Baghdad Bob / Comical Ali mode.


you are terrible!

My main issue is that LL puts its poorly thought out policies in and encourages resident to turn on resident as a way of managing the policy. I don't like their approach. If there are issues with the way people are acting in response to the policy then it needs to be taken up with LL and the policy needs to be amended. The rest just feeds LL desire to see us divided and fighting amongst ourselves.
_____________________
Satiated Desires: Toys for Grown Ups.
Inworld: http://slurl.com/secondlife/Norf%20Haven/186/132/55
XSL: https://www.xstreetsl.com/modules.php?name=Marketplace&MerchantID=77743&&sort=age&dir=asc
Blog: http://satiateddesires.wordpress.com/
Innula Zenovka
Registered User
Join date: 20 Jun 2007
Posts: 1,825
01-16-2010 13:57
From: Floyd Mistwalker
sure, if he is the first of the two :)
No, as I understand the process, if Phil asks our Intellectual Property Office to submit an application on his behalf for protection of a UK trade mark through the World Intellectual Property Organisation (WIPO) under the Madrid System, that automatically gets his UK trade mark recognised in all the countries participating in the Madrid System where there's no local objection to recognising it.

So, assuming there's no Prim Savers registered in the USA and that Prim Savers is a registerable trade mark there, all Phil has to do to get his claim recognised by the US Trade Mark authorities (and about 100-odd other countries who are signed up to the scheme) is to register his TM here and then pay our IPO an additional £40 (I think), fill in a couple of forms and ask them to do the rest.

What do you have to do?
Sling Trebuchet
Deleted User
Join date: 20 Jan 2007
Posts: 4,548
01-16-2010 14:29
Now here's a thing....

Is the use of Primsavers to sell low-prim furniture in SL an illegal infringement of Prim Savers?
If it is, then Phil doesn't have to do anything other than submit a formal complaint to LL, possibly backed up by a court order.

If it might only become illegal at some future date after Phil belatedly registers a mark in the UK and successfully extends it to LL's jurisdiction, then it isn't illegal now.
_____________________
Maggie: We give our residents a lot of tools, to build, create, and manage their lands and objects. That flexibility also requires people to exercise judgment about when things should be used.
http://www.ace-exchange.com/home/story/BDVR/589
Phil Deakins
Prim Savers = low prims
Join date: 17 Jan 2007
Posts: 9,537
01-17-2010 07:11
From: Couldbe Yue
The quickest way to get a thread locked/removed is to go to live chat and ask them to do it. I did it once for a thread (not even mine) on xsl that went out of control and it was removed within 10 minutes (oddly enough that was to do with Vryl too)
I wouldn't have thought that would work, because locking a thread needs a forum mod or admin - all Lindens shouldn't be able to do it.
_____________________
Prim Savers - almost 1000 items of superbly crafted, top quality, very low prim furniture, and all at amazingly low prices.

http://slurl.com/secondlife/Seymour/213/120/251/
Phil Deakins
Prim Savers = low prims
Join date: 17 Jan 2007
Posts: 9,537
01-17-2010 07:15
From: Sling Trebuchet
Now here's a thing....

Is the use of Primsavers to sell low-prim furniture in SL an illegal infringement of Prim Savers?
If it is, then Phil doesn't have to do anything other than submit a formal complaint to LL, possibly backed up by a court order.

If it might only become illegal at some future date after Phil belatedly registers a mark in the UK and successfully extends it to LL's jurisdiction, then it isn't illegal now.
It doesn't matter either way. Floyd has made it perfectly clear that he will continue using the PrimSavers name regardless, and LL will probably do nothing because they don't have to.

Incidentally, someone thought that Floyd buddied up to some Linden or other. He didn't. He just used Live Chat, and the Linden at the other end suggested that he mute and AR me - same as the Linden I spoke to in Live Chat originally suggested that I AR him.
_____________________
Prim Savers - almost 1000 items of superbly crafted, top quality, very low prim furniture, and all at amazingly low prices.

http://slurl.com/secondlife/Seymour/213/120/251/
Treasure Ballinger
Virtual Ability
Join date: 31 Dec 2007
Posts: 2,745
01-17-2010 08:17
You still way up here on page 1, Phil? :p
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To LL: Sometimes I wondered, I didn't understand; just where you were trying to go, only you knew the plan. I tried to be there but you wouldn't let me in........
***************************************************
To my forum friends: I'm Missing You...........
Phil Deakins
Prim Savers = low prims
Join date: 17 Jan 2007
Posts: 9,537
01-17-2010 08:21
From: Treasure Ballinger
You still way up here on page 1, Phil? :p
Of the forum? Yep :) We had a local area blackout yesterday evening. It only lasted a few minutes but when the power came back, all my cable delivered services were dead - phone, TV, and internet. It was the area's services that were dead, of course. So I just made a couple of catching up posts. It'll drop down now, I think.
_____________________
Prim Savers - almost 1000 items of superbly crafted, top quality, very low prim furniture, and all at amazingly low prices.

http://slurl.com/secondlife/Seymour/213/120/251/
Sling Trebuchet
Deleted User
Join date: 20 Jan 2007
Posts: 4,548
01-17-2010 08:40
From: Phil Deakins
It doesn't matter either way. Floyd has made it perfectly clear that he will continue using the PrimSavers name regardless, and LL will probably do nothing because they don't have to.
..


They would have to do something if what he was doing was illegal.
We're back to you asking someone to "do the right thing".

Some posts back you were saying that "the difference" was that what he was doing was illegal - that the silence of the TOS didn't matter because RL laws reached into SL.

If what he is doing is not against the rules - the TOS or the law, then by your own very clearly stated position on right and wrong, he is not doing anything wrong.
_____________________
Maggie: We give our residents a lot of tools, to build, create, and manage their lands and objects. That flexibility also requires people to exercise judgment about when things should be used.
http://www.ace-exchange.com/home/story/BDVR/589
Sling Trebuchet
Deleted User
Join date: 20 Jan 2007
Posts: 4,548
01-17-2010 08:41
From: Phil Deakins
Of the forum? ....So I just made a couple of catching up posts. It'll drop down now, I think.


Awww. Bummer....
It's quite fun to see you ranking in the Forums :(
_____________________
Maggie: We give our residents a lot of tools, to build, create, and manage their lands and objects. That flexibility also requires people to exercise judgment about when things should be used.
http://www.ace-exchange.com/home/story/BDVR/589
Phil Deakins
Prim Savers = low prims
Join date: 17 Jan 2007
Posts: 9,537
01-17-2010 09:00
From: Sling Trebuchet
Some posts back you were saying that "the difference" was that what he was doing was illegal - that the silence of the TOS didn't matter because RL laws reached into SL.
That's correct - RL law does reach into SL. But this concerns civil laws - not criminal laws. LL would deal with criminal laws, of course, but they don't have to adjudicate on civil laws.
_____________________
Prim Savers - almost 1000 items of superbly crafted, top quality, very low prim furniture, and all at amazingly low prices.

http://slurl.com/secondlife/Seymour/213/120/251/
Sling Trebuchet
Deleted User
Join date: 20 Jan 2007
Posts: 4,548
01-17-2010 09:14
From: Phil Deakins
That's correct - RL law does reach into SL. But this concerns civil laws - not criminal laws. LL would deal with criminal laws, of course, but they don't have to adjudicate on civil laws.


They have to act on orders from civil courts.

Story so far: Floyd has not broken any TOS or law apparently, therefore by your clearly stated standards, he has done nothing wrong.

Perhaps if you are successful in registering a mark, having that accepted in the USA and getting a court to agree that it takes precedence over his marks, then you can get a court order.
If you are successful in getting a court order against him, then the furthest back in time that you can take the breach of civil law is to the time at which your mark was accepted in the USA.

So... right now, and for some time to come... and maybe forever...by your stated standards... he has done nothing wrong.
So why are you complaining about what he has done?
_____________________
Maggie: We give our residents a lot of tools, to build, create, and manage their lands and objects. That flexibility also requires people to exercise judgment about when things should be used.
http://www.ace-exchange.com/home/story/BDVR/589
Phil Deakins
Prim Savers = low prims
Join date: 17 Jan 2007
Posts: 9,537
01-17-2010 09:28
From: Sling Trebuchet
They have to act on orders from civil courts.
That's right. I said they don't have to adjudicate on civil laws/matters.

From: Sling Trebuchet
Story so far: Floyd has not broken any TOS or law apparently, therefore by your clearly stated standards, he has done nothing wrong.
Wong. He certainly has broken the law.

From: Sling Trebuchet
Perhaps if you are successful in registering a mark, having that accepted in the USA and getting a court to agree that it takes precedence over his marks, then you can get a court order.
Only if Floyd has broken the law (see above).

From: Sling Trebuchet
If you are successful in getting a court order against him, then the furthest back in time that you can take the breach of civil law is to the time at which your mark was accepted in the USA.
Wrong (see the next bit).

From: Sling Trebuchet
So... right now, and for some time to come... and maybe forever...by your stated standards... he has done nothing wrong.
Wrong. You don't seem to have realised that it isn't necessary to register a trademark in order for someone to infringe it according to the law. All that registering does is make it easier to prove the claim.

From: Sling Trebuchet
So why are you complaining about what he has done?
I don't recall complaining. At first I asked a question. When the questions were answered, here and elsewhere, I made statements.
_____________________
Prim Savers - almost 1000 items of superbly crafted, top quality, very low prim furniture, and all at amazingly low prices.

http://slurl.com/secondlife/Seymour/213/120/251/
Phil Deakins
Prim Savers = low prims
Join date: 17 Jan 2007
Posts: 9,537
01-17-2010 09:34
Btw, Sling. Whether or not Floyd has broken any laws has been done to death already. Would you like to stop discussing that now? We can agree to differ if you like.
_____________________
Prim Savers - almost 1000 items of superbly crafted, top quality, very low prim furniture, and all at amazingly low prices.

http://slurl.com/secondlife/Seymour/213/120/251/
Sling Trebuchet
Deleted User
Join date: 20 Jan 2007
Posts: 4,548
01-17-2010 10:18
From: Phil Deakins
.....
Wong. He certainly has broken the law.
...
Only if Floyd has broken the law (see above).


What do you mean by "if"? I understood you to say that he had *certainly* broken it.


From: Phil Deakins
.....
Wrong. You don't seem to have realised that it isn't necessary to register a trademark in order for someone to infringe it according to the law. All that registering does is make it easier to prove the claim.

But if he "has certainly broken the law", why is "easier" required?

From: Phil Deakins
.....
I don't recall complaining. At first I asked a question. When the questions were answered, here and elsewhere, I made statements.

You asked Floyd to "do the right thing".





From: Phil Deakins
Btw, Sling. Whether or not Floyd has broken any laws has been done to death already. Would you like to stop discussing that now? We can agree to differ if you like.

Despite the doing to death, the question of him breaking the law has not been resolved.

The question of whether or not something is against the rules is important, as it formed the central brick wall for your defence of Search gaming for two years.

Will you now either
1) Withdraw any allegation that Floyd has done anything wrong
or
2) Prove that he has broken the rules - which by your definition is the only measure of wrongdoing.
or
3) Accept that something can be wrong even if it not against the rules
_____________________
Maggie: We give our residents a lot of tools, to build, create, and manage their lands and objects. That flexibility also requires people to exercise judgment about when things should be used.
http://www.ace-exchange.com/home/story/BDVR/589
Kitty Barnett
Registered User
Join date: 10 May 2006
Posts: 5,586
01-17-2010 10:18
From: Phil Deakins
You don't seem to have realised that it isn't necessary to register a trademark in order for someone to infringe it according to the law. All that registering does is make it easier to prove the claim.
You'd first need to know whether it's a trademarkable name though: Google shows "prim savers" being used as a synonym for "temp rezzers" as far back as early 2007 and temp rezzers are used with furniture, additionally a few furniture creators seem to be advertising (relatively) low prim furniture as "prim saver" as well.

You can't dismiss that it might just be a generic term (ie "I just bought a bunch of 1 prim chairs. They're real prim savers." isn't going to be taken to mean that those chairs come from your store but rather that they help cut down on prim usage).

If it is a trademarkable name and you can assert ownership on a globally then it's still only just "alleged infringement" until a court rules in your favour and it's only then that your "has allegedly broken the law" becomes an actual "has broken the law".
Phil Deakins
Prim Savers = low prims
Join date: 17 Jan 2007
Posts: 9,537
01-17-2010 10:52
From: Sling Trebuchet
What do you mean by "if"? I understood you to say that he had *certainly* broken it.
He has. The "if" was for you.

From: Sling Trebuchet
But if he "has certainly broken the law", why is "easier" required?
You didn't know that things have to proved in a court? Having a registered TM makes it easier to do that.

From: Sling Trebuchet
You asked Floyd to "do the right thing".
That's right. As I said, I don't recall complaining.

From: Sling Trebuchet
Despite the doing to death, the question of him breaking the law has not been resolved.
Do you think it will resloved here?

From: Sling Trebuchet
The question of whether or not something is against the rules is important, as it formed the central brick wall for your defence of Search gaming for two years.
Rules? You switched streams again, Sling.

From: Sling Trebuchet
Will you now either
1) Withdraw any allegation that Floyd has done anything wrong
Don't be stupid.

From: Sling Trebuchet
or
2) Prove that he has broken the rules - which by your definition is the only measure of wrongdoing.
Rules? You switched streams again, Sling.

From: Sling Trebuchet
or
3) Accept that something can be wrong even if it not against the rules
Rules? Don't be stupid. You switched streams again, Sling.
_____________________
Prim Savers - almost 1000 items of superbly crafted, top quality, very low prim furniture, and all at amazingly low prices.

http://slurl.com/secondlife/Seymour/213/120/251/
Phil Deakins
Prim Savers = low prims
Join date: 17 Jan 2007
Posts: 9,537
01-17-2010 10:55
From: Kitty Barnett
You'd first need to know whether it's a trademarkable name though: Google shows "prim savers" being used as a synonym for "temp rezzers" as far back as early 2007 and temp rezzers are used with furniture, additionally a few furniture creators seem to be advertising (relatively) low prim furniture as "prim saver" as well.
You made a mistake. That is "Prim Saver", of which prim savers if the plural. Also, it is a totally different type of item. It was mentioned earlier in the thread. Your connection with low prim furniture is irrelevant.

From: Kitty Barnett
You can't dismiss that it might just be a generic term (ie "I just bought a bunch of 1 prim chairs. They're real prim savers." isn't going to be taken to mean that those chairs come from your store but rather that they help cut down on prim usage).

If it is a trademarkable name and you can assert ownership on a globally then it's still only just "alleged infringement" until a court rules in your favour and it's only then that your "has allegedly broken the law" becomes an actual "has broken the law".
As I said, I am 95% sure that "Prim Savers" is far enough removed form every day language that it's a registerable trademark.
_____________________
Prim Savers - almost 1000 items of superbly crafted, top quality, very low prim furniture, and all at amazingly low prices.

http://slurl.com/secondlife/Seymour/213/120/251/
Couldbe Yue
one unhappy customer
Join date: 30 Mar 2008
Posts: 1,532
01-17-2010 11:26
From: Phil Deakins
I wouldn't have thought that would work, because locking a thread needs a forum mod or admin - all Lindens shouldn't be able to do it.


they didn't. they contacted the responsible staff member.
_____________________
Satiated Desires: Toys for Grown Ups.
Inworld: http://slurl.com/secondlife/Norf%20Haven/186/132/55
XSL: https://www.xstreetsl.com/modules.php?name=Marketplace&MerchantID=77743&&sort=age&dir=asc
Blog: http://satiateddesires.wordpress.com/
Floyd Mistwalker
http://www.primsavers.com
Join date: 14 Jul 2009
Posts: 46
01-18-2010 16:32
From: Phil Deakins

Wong. He certainly has broken the law.


All right, while you were busy talking nonsense on forums, I did the right thing and spoke with a lawyer.
If you want to talk law, start using legal terms.

Everyone is presumed innocent unless proven guilty in a court of law. I suggest you tone down by a lot.

The above quote is libel. It would be slander if you were in voice chat, here is libel. Wanna talk law? This is law.

A libel case is MUCH easier to handle in court than a complicated trademark issue when there is no trademark to begin with. And much less costly.

But... I'll be the nice guy here, and start by demanding that you do what Sling suggested few posts after this one quoted. I don't bother asking nicely. I demand it in order not to consider a libel case.

Next:

From: Phil Deakins


From: Rene Erlanger
You and i know the rep of certain peoples have in the UK....without spelling it out, you know what I'm talking about! Are you really surprised this is happening?

Nope.




Do I sense racism here? Fine, the correct legal term is intolerance, but widely referred to as racism. The lawyer finds this very very suspect.

And you come to me talking about law? You serious?



So, as Sling suggested, I'm waiting for an apology (I'm not joking).

Learn to use words such as allegedly, or in my humble opinion (even though this is not acceptable legal term).

Start by issuing that and retracting your statements that are so vehemently stated as fundamental truth when they are just your opinion.

And think many times before you write from now on.
_____________________
We only live twice.
http://www.primsavers.com/
Phil Deakins
Prim Savers = low prims
Join date: 17 Jan 2007
Posts: 9,537
01-18-2010 16:36
From: Floyd Mistwalker
All right, while you were busy talking nonsense on forums, I did the right thing and spoke with a lawyer.
If you want to talk law, start using legal terms.

Everyone is presumed innocent unless proven guilty in a court of law. I suggest you tone down by a lot.

The above quote is libel. It would be slander if you were in voice chat, here is libel. Wanna talk law? This is law.

A libel case is MUCH easier to handle in court than a complicated trademark issue when there is no trademark to begin with. And much less costly.

But... I'll be the nice guy here, and start by demanding that you do what Sling suggested few posts after this one quoted. I don't bother asking nicely. I demand it in order not to consider a libel case.

Next:





Do I sense racism here? Fine, the correct legal term is intolerance, but widely referred to as racism. The lawyer finds this very very suspect.

And you come to me talking about law? You serious?



So, as Sling suggested, I'm waiting for an apology (I'm not joking).

Learn to use words such as allegedly, or in my humble opinion (even though this is not acceptable legal term).

Start by issuing that and retracting your statements that are so vehemently stated as fundamental truth when they are just your opinion.

And think many times before you write from now on.
Are you familiar with the term "piss off"? If not, I suggest you look it up and find out what it means. Naaa... I'll save you the trouble ... You can demand all you want but you'll get nothing - no apology, no retractions - nothing. And you broke the law. Ok?

Btw, in order for a statement to be libel, it has to be a false statement. Also, it must be published of an identifiable individual. Who are you? How much are you paying that lawyer? You should demand your money back ;)

One more thing. "Certain peoples" have reputations here. You can call those reputations what you want, but you're just whistling in the wind.
_____________________
Prim Savers - almost 1000 items of superbly crafted, top quality, very low prim furniture, and all at amazingly low prices.

http://slurl.com/secondlife/Seymour/213/120/251/
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