Trademark infringement and cheap knockoffs
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Amity Slade
Registered User
Join date: 14 Feb 2007
Posts: 2,183
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07-30-2007 09:42
From: Corrin Maitland I do totally understand the creator of the sexgen product wanting his item protected, but to blatently IM people who are using "works like" "menu is like" or "better than" and then come to their land and harass them in person before understanding the laws BEFOREHAND is quite bold. I suggest they hire a trademark attorney to get their facts straight before harassing people without knowing what the hell they are talking about.
Of course, then that trademark attorney tells his or her client, "You have a questionable case, but let's do a cease-and-desist letter first and see if that makes them back off. If it doesn't, then we'll decide whether we really have a lawsuit or not."
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Stroker Serpentine
Unadultercated
Join date: 8 Nov 2003
Posts: 202
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07-30-2007 09:47
Indeed, Nova Poppy does not speak for me. Nova's intentions were sincere however. If any merchant in this forum were aware of the multitude of complaints and support requests from people who CLAIM to be SexGen, then maybe there would'nt be such an adverse reaction to our requests. First and foremost we do not claim to be the best. We let our customers decide. Apparently we are doing something right because every swinging Richard likes to pass off their freebie anim and freebie scripted product as a SexGen.
We dont care about comparisons. That is indeed fair competition. However, if you use our mark to confuse, falsely advertise, dilute or mislead current or potential customers, then we will forward that information to Linden Lab for removal. We are not on a crusade to squash the competition, we embrace innovation and comparison. But if you package animations, scripts and call it "SexGen" you are violating copyright law and we WILL address it.
To the comment about the date of our trademark, the original trademark was filed in 2005. The current filing is to assign the mark to our company Eros, LLC.
We will not sit by and let the scammers prevail. We take sincere pride in our offerings and the unprecedented level of support we provide. Our friends and customers are our largest supporters. Second Life is a small place, comprised of only a few thousand concurrent residents at any given time. If you want to practice deception..take advantage of new residents...misrepresent yourself...then I will vehemently assure you., you WILL be identified eventually. People talk. Particuallary those that find these practices objectionable, as I do.
It is not about a product..it is about a total lack of conscientiousness. I see it almost daily, people ripping off skins, builds and products to claim them as their own. We WILL protect our intellectual property. Period.
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Stroker Serpentine
Unadultercated
Join date: 8 Nov 2003
Posts: 202
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07-30-2007 10:04
I would like to thank all of the posters here as we are seeing a ground swelling of informed consumers who ask "Is it a REAL SexGen?"
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Scotty Cataract
Registered User
Join date: 22 Jun 2006
Posts: 3
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07-30-2007 10:39
Where is the trademark registered? I've just been to the US Government Patent and Trademark website ( http://www.uspto.gov/main/sitesearch.htm), and searched for SexGen. Nothing came up. I also searched for Eros LLC, again with zero results
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Wilhelm Neumann
Runs with Crayons
Join date: 20 Apr 2006
Posts: 2,204
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07-30-2007 11:32
From: Scotty Cataract Where is the trademark registered? I've just been to the US Government Patent and Trademark website ( http://www.uspto.gov/main/sitesearch.htm), and searched for SexGen. Nothing came up. I also searched for Eros LLC, again with zero results Its here took me about 10 seconds (stupid board wont allow posting of the entire link so take the two parts and glue em together.. ) http://tess2.uspto.gov/bin/and the rest of it /showfield?f=doc&state=vfj49r.2.1 its a large database make sure your not searching patents or something by accident  Anyhow its only newly "officially registered" however this does not mean it was not a trademark before then in most cases its a heck of a log easier to prove it being a valid trademark if you have it registered though takes away some of the debating (if that's possible I know everyone debates everything to death but still some things just are in this case it just is) Again though there is a difference between a copyright and a trademark and a patent and to be honest the original poster was rather confused reading his post and seemed to be mixing up trademark with copyright  omg this board wont let me post the link ...
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Lucrezia Lamont
Neko Onmyoji
Join date: 25 Jan 2007
Posts: 808
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07-30-2007 12:22
From: Nicholas Lyndhurst Okay, Stroker and BB have a partnership in SexGen and collaborate in product development. The people metioned so far in this thread are employees of Briggi, NOT Stroker, which is the reason I felt compelled to reply to your posting. You should not be speaking about Stroker in an adverse way here when this is none of his doing.
I work directly for Stroker and I am a native English speaker (I'm English). Stroker has the services of a specialist IP attorney, who he has been using for some time, and has provided me with the text for a takedown notice to use. Thank you for that clarification. I wasn't aware. I've only had friends tell me of their encounters plus on this thread. Glad to have this information. Thanks again!
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Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
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07-30-2007 13:16
From: Stroker Serpentine Indeed, Nova Poppy does not speak for me. Nova's intentions were sincere however. If any merchant in this forum were aware of the multitude of complaints and support requests from people who CLAIM to be SexGen, then maybe there would'nt be such an adverse reaction to our requests. First and foremost we do not claim to be the best. We let our customers decide. Apparently we are doing something right because every swinging Richard likes to pass off their freebie anim and freebie scripted product as a SexGen.
We dont care about comparisons. That is indeed fair competition. However, if you use our mark to confuse, falsely advertise, dilute or mislead current or potential customers, then we will forward that information to Linden Lab for removal. We are not on a crusade to squash the competition, we embrace innovation and comparison. But if you package animations, scripts and call it "SexGen" you are violating copyright law and we WILL address it.
To the comment about the date of our trademark, the original trademark was filed in 2005. The current filing is to assign the mark to our company Eros, LLC.
We will not sit by and let the scammers prevail. We take sincere pride in our offerings and the unprecedented level of support we provide. Our friends and customers are our largest supporters. Second Life is a small place, comprised of only a few thousand concurrent residents at any given time. If you want to practice deception..take advantage of new residents...misrepresent yourself...then I will vehemently assure you., you WILL be identified eventually. People talk. Particuallary those that find these practices objectionable, as I do.
It is not about a product..it is about a total lack of conscientiousness. I see it almost daily, people ripping off skins, builds and products to claim them as their own. We WILL protect our intellectual property. Period. This is a pretty fair statement of your rights as a Buisness owner and creator of SexGen. I sympathize with attempts by people to claim they are selling your products, or to try and make your label a generic term. It is completely unfair for you to lose 2 years worth of name recognition. Competitors should stick to "Compare with SexGen" or "Better than SexGen" claims and otherwise never mention your product name at all, really.
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Aleister Montgomery
Minding the gap
Join date: 30 Apr 2006
Posts: 846
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07-30-2007 19:11
From: Yumi Murakami I don't think this is true - observe the famous trademark leaks that have taken place in RL, such as "Hoover" and "Tannoy". 
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Aleister Montgomery
Minding the gap
Join date: 30 Apr 2006
Posts: 846
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07-30-2007 19:30
From: Qie Niangao The more I think about it, the more I realize the importance of the SexGen(TM) brand. The scripting is standard-issue and has been for years, so there's no possibility of patent there (prior art, obviousness, etc.)... there's copyright for the scripts, but since it's pretty easy to do at least as well as the SexGen(TM) scripts--and a not-bad open source version exists in MLP--there's nothing of much value to protect with that copyright. And the animations are... well... not necessarily the ones one would choose, given a budget of L$several-thousand and a trip to Animation Warehouse Island.
So, the business really does seem to be more the brand than the product. And that's perfectly fine, plenty of RL businesses work that way. But a brand is a lot more than a trademark, so the company faces a delicate balancing act at the moment: try to defend their mark without so vilifying their brand that Search results start turning up "Proud not to carry SexGen(TM) wares."
(Note: I'm trying to be careful about using the (TM) notation. That's actually part of defending a mark. The holder is expected to without exception use the appropriate notation--TM when filed, R when registered--and to insist on others use of it too.) Personally, I'm happy with the animations. I also like Deviant (DevPose) furniture; the animations look better, but there aren't that many. I like the huge pose selection of SexGen beds, including 3some and 4some poses. And thanks to the shorter duration of the animations, they load almost instantly. Another reason why I prefer well-known brands is the usually good customer service. When I first discovered Stroker's shop, I (well, Ishtara, not me) spend quite some money there, was IMed by Stroker and got a nice rebate. Without asking for it. I bought updates for my beds at Briggi's shop a while back, accidently bought 5 platinum bases - the version that I already had. I purchased 5 platinum+diamond bases (the version that I wanted) in addition and had no problem to return the accidently bought beds. I'm not sure if a competitor would have taken back and refunded wares worth 60k L$.
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Drakul Marx
Registered User
Join date: 25 May 2006
Posts: 94
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07-30-2007 21:41
From: Aleister Montgomery Personally, I'm happy with the animations. I also like Deviant (DevPose) furniture; the animations look better, but there aren't that many. I like the huge pose selection of SexGen beds, including 3some and 4some poses. And thanks to the shorter duration of the animations, they load almost instantly.
Another reason why I prefer well-known brands is the usually good customer service. When I first discovered Stroker's shop, I (well, Ishtara, not me) spend quite some money there, was IMed by Stroker and got a nice rebate. Without asking for it. I bought updates for my beds at Briggi's shop a while back, accidently bought 5 platinum bases - the version that I already had. I purchased 5 platinum+diamond bases (the version that I wanted) in addition and had no problem to return the accidently bought beds. I'm not sure if a competitor would have taken back and refunded wares worth 60k L$. I would have. $ is not the issue customer service is. Thats how you get a repeat customer and name recogniton. I'm sure stroker can attest to that. That is an easy way to seperate the freebie mlp's all over sl vs people with an actual product and support for it. I wish i had steady animators to work for me and provide top quality, but they are all to worried about their content being spread all over in freebie beds. I went to corsi's and hopped on a diamond sexgen bed, i dont see much difference between that and my own, less the facial expresssions. while i was there, there was also severe lag and it seemed to take 10 or so seconds to pose hop ( i am probably sure this is not a floor model, i hope) We are newer and dont have the base as eros, but with 300 + and growing in our group we are getting out there. We also offer low lag builds low prim, non laggy anims and can spawn 6 balls (thats right 3 couples at once) on a bed with 243 poses. Some may want a ready posed bed and not want to do any work. Included in mine is a notecard with how to add and pose your own anims to the beds so you are not left out to dry. I prefer to leave mine mod so you can change textures, stretch bed size and add things. I went by dev's today and saw some nice builds, anims i didnt look at too much just the bed and menu but there werent many options. So my point is there are other companies out here, not all are after your quick earned lindens, and you can still recieve outstanding customer support. Dont knock the lower down's until you have tried them or they can seperate from the rest.
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Eric Cale
Addicted User
Join date: 28 Jul 2007
Posts: 66
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07-30-2007 22:04
From: Aleister Montgomery And that's perfectly legal. But Quizno would commit an infrigement if they advertised their products under the name Subway, in order to mislead Subway customers. It has to be clear that Quizno is not Subway, but a different brand comparing itself to Subway. Yep, I know it's perfectly legal in the United States at least. I was just explaining. It's sad what people are doing in Second Life, specially the Stolen Skins from Naughty Designs.
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Drakul Marx
Registered User
Join date: 25 May 2006
Posts: 94
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07-30-2007 22:26
Off to San Diego for a week to relax on the beach with the best damn climate in the USA. Will check in when internet access allows, wish all my fellow residents good times with borked searches, asset server issues etc. Aloha, Drakul & Corrin
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Hypatia Callisto
metadea
Join date: 8 Feb 2006
Posts: 793
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07-30-2007 23:52
From: Reitsuki Kojima Not in a lot of cases. As little as a day after anims were put in SL, freebie packs of almost every included poser anim were floating around SL. SL just ignores joints that it doesn't have. Yep. As an aside, I used to be a product tester at Renderotica with pose and animation packs, I see quite a lot of stuff I have personally had my hands on in testing phases uploaded to Second Life. Nothing anyone can do about it but... it makes me do da *eyeroll* quite often enough, when I see them. 
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Hypatia Callisto
metadea
Join date: 8 Feb 2006
Posts: 793
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07-31-2007 00:24
From: Drakul Marx So my point is there are other companies out here, not all are after your quick earned lindens, and you can still recieve outstanding customer support. Dont knock the lower down's until you have tried them or they can seperate from the rest.
probably better to bill yourself as "lesser known" than "lower down" ... lesser known does not necessarily equate to lesser quality  It takes a while to become more "known" but eventually you will get a following if you are known for quality work. In reality, its good to avoid the names of competitors like the plague when building your own name - because the last thing you want is to be associated with someone else's products rather than build up the name of your own. I've had a good long look at the MLP - nice bit of scripting there. Nothing "lower down" about that at all. I've gone as far as to work on a furniture posing system for furniture I've made myself, just haven't had the time to go back to it recently. Should add that to my "things to do" list as I'm doing more sculpty furniture work these days and get requests all the time.
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... perhaps simplicity is complicated to grasp.
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