Stolen business name?

What seems to matter for a descriptive mark is what a consumer will think it means: if "prim savers" in that sentence and context is taken to mean "they saved me a lot of prims" then it might not be a trademark because it doesn't identify a brand. If it means "bought at the Prim Savers" store to the average person then it can be.

"I just bought a bed, it's a sexgen". Would that be followed by a "where did you get it?" or just the assumption that it's one of Stroker's beds? (There was some time where "sexgen" was more or less synonymous with "sex bed" regardless of brand but Stroker seems to have succeeded in putting a stop to that)

Or a different example: other low prim furniture stores using phrases like "these are real prim savers" to describe their products. If people take that to mean "these are low-prim/these save me prims" then "prim savers" can be a mark but since it doesn't distinctively identify Phil's store and nothing else it apparantly wouldn't qualify as a trademark (in the US).

Or in reverse: *if* "Prim Savers" is a trademark then the previous example would very likely be an infringement because it redefines the meaning of "prim savers" into something that does not identify Phil's store (or tries to pass off things Phil didn't create as "a genuine Prim Savers creation".

....
And Sling, wtf are you doing here with Phil, yet AGAIN? Arch-enemies 4-life??
...

The blatant hypocrisy of this thread was like a huge magnet for me.

Phil runs 10 bots apparently. At 24/7, these would account for 14,400 of his traffic.
Right now, his traffic shows at 17,156 - implying a non-bot traffic of 2,756

Floyd runs 1 bot apparently. At 24/7, this would account for 1,440 of his traffic.
Right now, his traffic shows at 4,426 - implying a non-bot traffic of 2,986

Yeah, OK.

.

Totally wrong, just visited there. He himself is there, so is partner, so is shop employee inside the shop, so is another employee at 450m skybox and so is a resident @ 800m platform. That's 5 avatars or around 7000 units and his traffic is showing 7426 from yesterday, so his real traffic is about 400

Absence of a court judgement does not mean that the law *has* been broken.
Absence of a court judgement means that the matter remains to be decided.

The time at which the law has been broken *only* becomes relevant if a court rules that the law has been broken.

So the situation is:
It seems that Floyd has not broken the TOS.

Whether or not he has broken some law that reaches into SL remains to be decided by an independent legal process.

Therefore, by your long-stated position on right and wrong, Floyd has done nothing wrong.

Double standards - one for you, another to be applied to someone else.

Your own stated position on the right and wrong of running a business suddenly crept up behind you and bit you in the ass.

The blatant hypocrisy of this thread was like a huge magnet for me.

Not enemies - not from my end anyway.

It's just that Phil fascinates me... in an unclean dirty kind of way .... when he gets going all semantic dancing on right and wrong.

Totally wrong, just visited there. He himself is there, so is partner, so is shop employee inside the shop, so is another employee at 450m skybox and so is a resident @ 800m platform. That's 5 avatars or around 7000 units and his traffic is showing 7426 from yesterday, so his real traffic is about 400

When you are given a federal trademark registration you receive a trademark certificate that you can present to Linden Lab. In addition trademark registrations can be found and are accessible by the general public at the USPTO website so one could provide Linden Lab with the url address showing the trademark registration. If it were an infringement claim on a similar name instead of an identical name (mere spaces between words are not considered a difference for trade names) then Linden Lab still might not act as whether a derivative name is an infringement is a legal argument for the courts. But if Phil had a federal trademark registration for "Prim Savers" for use in commerce of virtual furniture in Second Life (which he does not) then it is highly probably that Linden Lab would remove the objects.
No. If a trademark is unregistered, the only way the USPTO can know this and deny a registration to another applicant is if the owner of the unregistered trademark files an opposition during the open publication period. If a person is generally ignorant about protecting themselves by filing for a trademark registration or lacks the resources to do so, then they are probably not going to be saavy enough or have the resources to monitor publications for opposition. Therefore it is probable that in such a situation, the registration would go unopposed during the publication period.
Actually it is not the law. For a defamation case to prevail in most jurisdictions in the United States one must establish not only that what the defendant said was factually untrue, but also that the defendant knew it was false or should have known it was false. This is how the tabloids get away with printing the ludicrous horses**t that they publish about people. There is more than enough gray area here for a defendant to claim a good faith belief that what he said was true. On top of that the plaintiff has to prove damages, which are generally difficult if not impossible to prove in cases like this, and are almost always nominal. This is why lawyers will not take these cases on contingency. In the end it usually costs the plaintiff so much in time and money that you usually only see very rich people doing this on principle without regard to the actual compensation (and usually against the advice of counsel). At the end of the day if the plaintiff wins they are often awarded something in the realm of one dollar in damages by the jury which is why this statement is also not correct:

I think you know after today that I have no animosity towards you but this is just not going to happen. I'd advise to let it go.

You don't know the arrangement. How do you know, he didn't get a users license, from wherever the art originated?

Until you know either way, you can't be throwing around accusations on a Forum.

I think Floyd is actually Phil's alt, and Phil has been running the biggest troll thread ever. <.<

Went to the copier's shop, he certainly managed to learn some new techniques regarding gaming traffic considering how old his Avatar is. From the obvious manning the shop with staff, to the skybox @ 450m directly above the Shop which had another member of staff, to a sky platform even further up @ 800m, that appeared to be rented to a resident thus also garnering extra traffic.

All this on a Homestead sim, which will soon have scripting limitations imposed.
Maybe someone should tell him that as of tomorrow all Scripted Agents and Models need to be registered as they will be stripped away from Traffic counts.

I think Floyd is actually Phil's alt, and Phil has been running the biggest troll thread ever. <.<

About a year ago I asked if he had permission and he said he didn't. There's a link to it somewhere in this thread, or maybe the other one.

Not that I'd believe those artists made a deal with some two-bit SL "business" with a butt-ugly store if Phil said so, anyway.

One of the artists has been exhibiting there for a long time

And why are you here again? Oh I remember... to report back to SCII about what is going on here. Starting a thread on forum B about what is going on forum A makes me think you don't any original or interesting thoughts of your own.

Are you talking about Lexxi Gynoid?

One of the artists has been exhibiting there for a long time. More than the year ago that you mention here. She stopped for awhile; then, a couple weeks ago, she posted to the Cartel group chat, that she was exhibiting again; I asked if it was her own gallery, and she said, no, at Prim Savers, again. Sounds like permission to me......