Swimtails reopening

[MermaidBrandie]

https://aquariusmermaid.com/blogs/news/from-swimtails-to-aquarius

It looks like the wife who wasn't the main problem (correct me if I'm wrong) is reopening under a different name. I'm excited, I love my betta tail and honestly Swimtails made my favorite tails on the market.

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[Princess of the sea]

Yeah I saw it! She makes beautiful designs!


^_^ happy swimming

[inanna]

batch of 100 or less a few times a year? certainly sounds exclusive. let's see how this goes, how well her plans are in place

[moomer]

I was originally very excited to see this as I would have loved a betta tail. And these are stunning.
I can understand creating a unique product, and making it exclusive.
But that price... Oof. That stings the merwallet.
(Can't put a price on quality and art, I know. I guess I was expecting closer to the Swimtails prices...)

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[AniaR]

I mean the wife was still the problem. The husband and wife owned the company and made the decisions together and still stole/misused 4 designs that are documented here, didn't refund people and didn't send tails. The husband's additional issue was that he harassed people online. Companies often do this to avoid or cope with bankruptcy. I think it's sad people get so desperate for tails they're willing to keep taking risks or invest in bad companies. It's the same company, with a different name.

[Calisai]

AniaR, wow, a bad company rife with drama. Seems like it’s getting harder to find professionalism these days.

[Slim]

AniaR, wow, a bad company rife with drama. Seems like it’s getting harder to find professionalism these days.

So much truth


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[MermaidBrandie]

I was originally very excited to see this as I would have loved a betta tail. And these are stunning.
I can understand creating a unique product, and making it exclusive.
But that price... Oof. That stings the merwallet.
(Can't put a price on quality and art, I know. I guess I was expecting closer to the Swimtails prices...)

Sent from my Nexus 5 using TapatalkHonestly looking at the prices they seem about the same what I paid for my betta.

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[MermaidBrandie]

I mean the wife was still the problem. The husband and wife owned the company and made the decisions together and still stole/misused 4 designs that are documented here, didn't refund people and didn't send tails. The husband's additional issue was that he harassed people online. Companies often do this to avoid or cope with bankruptcy. I think it's sad people get so desperate for tails they're willing to keep taking risks or invest in bad companies. It's the same company, with a different name.I didn't realize it was both, though I did know about the design/stock photo lapse. Honestly I'm still excited because their tails were the only fabric tails on the market I really consistently liked. There's two by mertailor but I don't want to buy another monofin, I like the mahina too much.

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[Keiris]

It doesn't seem like she's off to a stellar beginning if she's commandeering another tailmaker's company name.

[Echidna]

It doesn't seem like she's off to a stellar beginning if she's commandeering another tailmaker's company name.

is she, though?
Aquarius is a very generic term (and not even spelled the same way as the other tailmaker).
I bet she chose it without knowing there was someone who had "trademarked" a variant of the word.

If someone trademarked a word like "star" and then insisted that no one else in the world could ever use the word again because it's now theirs, well. That would be a bit silly.

I wish her the best of luck, her designs are beautiful.

[moomer]

My concern with this whole thing is, who's word do I take? How is any of what either party say trustworthy?
The history of Swimtails just makes me super suspect of anyone claiming they are the "original designer", without indefinite proof.
I dislike my immediate skepticism of both parties. But I would be veeeeeery reticent to part with my money after all the drama, finger pointing and poor business practices.
(Disclaimer: I don't wish to ruffle feathers ((or fins)) nor make anyone feel belittled. If either of the people really ARE the OG designer then kudos. You have a wicked talent.)

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[moomer]

Honestly looking at the prices they seem about the same what I paid for my betta.

Sent from my H8266 using Tapatalk(sorry, double post)
The price listed when I looked a few nights ago are definitely more expensive.
(I'm going on AU here)
Old website: around 350 for betta tail.
New website: around 420/440.

So maybe it is just an exchange rate thing. [emoji28]

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[HaleyTremont]

is she, though?
Aquarius is a very generic term (and not even spelled the same way as the other tailmaker).
I bet she chose it without knowing there was someone who had "trademarked" a variant of the word.

If someone trademarked a word like "star" and then insisted that no one else in the world could ever use the word again because it's now theirs, well. That would be a bit silly.

I wish her the best of luck, her designs are beautiful.

I think the same, it's very generic and different spelling. What about the Finis Aquarius Fin ? ^^

[Kwilena]

The PayPal option to pay is new and welcome.

[the.tattooed.mermaid78]

I've just read that Trinity who owns Aquariuz tails is not happy with the name being the same as her's and has started legal proceedings. Also read that she got in touch with the former swimtails owner and shes not willing to change her buisness name. Here we go again!!!

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[MermaidBrandie]

(sorry, double post)
The price listed when I looked a few nights ago are definitely more expensive.
(I'm going on AU here)
Old website: around 350 for betta tail.
New website: around 420/440.

So maybe it is just an exchange rate thing. [emoji28]

Sent from my Nexus 5 using TapatalkThat is a touch of a jump, I know when I got my betta the grand total was $425 USD, but that was with the fin and everything so maybe that's why I wasn't super surprised? Idk. Lol

Also to add to the name thing, I didn't realize there was another maker with that name. It looks like it's spelled differently though, and Aquarius is very general.

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[chickcasa]

I feel like the husband may have been the problem with the business side but using stock photos without appropriate licensing was DEFINITELY design side (squarely her own fault) and now with the dispute about the name, it seems she doesn't respects other people's rights... or the law. I mean kudos for fixing the problem of over committing and (supposedly) ousting the jerk who was messing up other things, but if you want to be respected and taken seriously and, oh, I don't know, remain in business... you don't put that all at risk by not doing your due diligence in making sure you aren't choosing a name that's too similar to something already used and you DEFINITELY don't react by being rude to the person whose trademark you are infringing or even potentially infringing on.
I'm not sure whether I think this is intentionally ignoring trademarks and copyright/licensing agreements but really the first time WHOOPS it's a mistake, when it's brought to your attention you 1- fix the problem and 2- apologize. You don't double down on your mistake. If she's not INTENTIONALLY ignoring these laws, she has no excuse for not hiring her own lawyer or business consultant that will make sure she's not making these similar mistakes all the time, because if it's not intentional she should be actively trying to avoid similar mistakes.

I also love my Mahina and would love another tail for it, but at this point I've already got a new monofin and fabric tail and if I happen to eventually get another fabric tail for my Mahina, bonus. I was excited that MAYBE she was doing things right this time but nope, already more drama.

[the.tattooed.mermaid78]

Not the greatest of starts for the new buisness. Not great at all
I feel like the husband may have been the problem with the business side but using stock photos without appropriate licensing was DEFINITELY design side (squarely her own fault) and now with the dispute about the name, it seems she doesn't respects other people's rights... or the law. I mean kudos for fixing the problem of over committing and (supposedly) ousting the jerk who was messing up other things, but if you want to be respected and taken seriously and, oh, I don't know, remain in business... you don't put that all at risk by not doing your due diligence in making sure you aren't choosing a name that's too similar to something already used and you DEFINITELY don't react by being rude to the person whose trademark you are infringing or even potentially infringing on.
I'm not sure whether I think this is intentionally ignoring trademarks and copyright/licensing agreements but really the first time WHOOPS it's a mistake, when it's brought to your attention you 1- fix the problem and 2- apologize. You don't double down on your mistake. If she's not INTENTIONALLY ignoring these laws, she has no excuse for not hiring her own lawyer or business consultant that will make sure she's not making these similar mistakes all the time, because if it's not intentional she should be actively trying to avoid similar mistakes.

I also love my Mahina and would love another tail for it, but at this point I've already got a new monofin and fabric tail and if I happen to eventually get another fabric tail for my Mahina, bonus. I was excited that MAYBE she was doing things right this time but nope, already more drama.

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[PhaylennMurúch]

Did she oust him though? her website is registered under his name.

As far as the name trademark, the owner of Aquariuz has a case because if someone misspells it (or auto correct changes it) and a potential client buys from Aquarius and not Aquariuz it not only has caused the first party to lose money but if the client doesn't realize it and leaves a bad review for the wrong company then there is potential for further loss of revenue.

This is exactly why the World Wildlife Fund sued (and won) the World Wrestling Federation to make them change their initials, loss of revenue

[Calisai]

I wish there was a “Like” feature for this comment! :thumbs up:

[AniaR]

My concern with this whole thing is, who's word do I take? How is any of what either party say trustworthy?
The history of Swimtails just makes me super suspect of anyone claiming they are the "original designer", without indefinite proof.
I dislike my immediate skepticism of both parties. But I would be veeeeeery reticent to part with my money after all the drama, finger pointing and poor business practices.
(Disclaimer: I don't wish to ruffle feathers ((or fins)) nor make anyone feel belittled. If either of the people really ARE the OG designer then kudos. You have a wicked talent.)

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who are the two parties? Because the swimtails stuff is extremely well documented. There's post all through here with proof, on FB, and the BBB.

[AniaR]

I feel like the husband may have been the problem with the business side but using stock photos without appropriate licensing was DEFINITELY design side (squarely her own fault) and now with the dispute about the name, it seems she doesn't respects other people's rights... or the law. I mean kudos for fixing the problem of over committing and (supposedly) ousting the jerk who was messing up other things, but if you want to be respected and taken seriously and, oh, I don't know, remain in business... you don't put that all at risk by not doing your due diligence in making sure you aren't choosing a name that's too similar to something already used and you DEFINITELY don't react by being rude to the person whose trademark you are infringing or even potentially infringing on.
I'm not sure whether I think this is intentionally ignoring trademarks and copyright/licensing agreements but really the first time WHOOPS it's a mistake, when it's brought to your attention you 1- fix the problem and 2- apologize. You don't double down on your mistake. If she's not INTENTIONALLY ignoring these laws, she has no excuse for not hiring her own lawyer or business consultant that will make sure she's not making these similar mistakes all the time, because if it's not intentional she should be actively trying to avoid similar mistakes.

I also love my Mahina and would love another tail for it, but at this point I've already got a new monofin and fabric tail and if I happen to eventually get another fabric tail for my Mahina, bonus. I was excited that MAYBE she was doing things right this time but nope, already more drama.

We have no way of knowing the husband isn't involved, and the wife was just as busy messaging people like Angela and me when everything went down, Faith, others. There have been 4 known instances of them knowingly using other people's IP. You can still still see the thread here where they copied finfolk in the old, let's print their photo on our tails design. And everyone explained it to them back then but they kept doing that stuff.

--

Sorry folks I know people are hopeful but I have seen this exact same pattern with SO MANY tail makers over my 11 years here. It was mermagica. It was fish butts. It was Merberry. The list goes on of the people who have followed this pattern and I just don't think they have enough klout on their side to warrant yet another chance from the community.

Good luck to anyone who manages to get something good, but I also think people should consider who they decide to give their money to and what those people do in the community and how they act or harm others.

[moomer]

who are the two parties? Because the swimtails stuff is extremely well documented. There's post all through here with proof, on FB, and the BBB.The two parties being the two people claiming they are the original designer.
Aquarius and Aquariuz.

I can't simply trust one person coming out and claiming they are the OG designer, and three days later, someone else pops up and says "No, I am!"

It's just... strange and suspect to me. [emoji28]

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[chickcasa]

The two parties being the two people claiming they are the original designer.
Aquarius and Aquariuz.

I can't simply trust one person coming out and claiming they are the OG designer, and three days later, someone else pops up and says "No, I am!"

It's just... strange and suspect to me. [emoji28]



The Aquariuz owner is not claiming to be the original swimtails designer. They are the rightful owner for the name Aquariuz Mermaid Tails and the person who is "the original designer for swimtails" has decided to use a name so similar it violates the Aquariuz trademark. The dispute isn't about swimtails it's about the name Aquarius.

That said, when there's multiple instances where there's proof that the swimtails designer ripped off stock photos that definitely calls into question the skill of the designer IMO. If she was such a great designer she could use something as inspiration without directly copy and pasting the image onto a tail.

[moomer]

The Aquariuz owner is not claiming to be the original swimtails designer. They are the rightful owner for the name Aquariuz Mermaid Tails and the person who is "the original designer for swimtails" has decided to use a name so similar it violates the Aquariuz trademark. The dispute isn't about swimtails it's about the name Aquarius.

That said, when there's multiple instances where there's proof that the swimtails designer ripped off stock photos that definitely calls into question the skill of the designer IMO. If she was such a great designer she could use something as inspiration without directly copy and pasting the image onto a tail.Thanks for the clarification. [emoji4]

And yes! Exactly! This is my problem with this whole thing!

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[UnicornMermaid]

I own a Swimtails tail and I love their designs, but their business practices are just so shady. I would like to give the benefit of the doubt, but the way they are behaving does not make for a good start already.
I would definitely caution people to be careful when buying a tail from them. Just because they rebranded, doesn't mean that they have genuinely changed for the better.

[PearlieMae]

Swim away! Swim away!

Why risk getting burned after all that drama and no clear cut resolution? Plenty other tailmakers in the sea.

[the.tattooed.mermaid78]

Aquarius mermaids is still posting on Instagram under swimtails. I dont trust it at all. Giving them a "WIDE" birth lol

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[AniaR]

I am surprised people love their tails as much to be honest. They look nice in photos but when I saw a number of them at the california mermaid con I was shocked by how the fluke ballooned up. I didn't even know it was a tail at first, I thought it was a weird floaty, then I saw mers trying to sink the fluke so it would fill with water and have crazy drag. I also find the mahina really uncomfortable compared to other monofins. So I guess I have always been a bit surprised at how popular these tails are.

[AniaR]

The Aquariuz owner is not claiming to be the original swimtails designer. They are the rightful owner for the name Aquariuz Mermaid Tails and the person who is "the original designer for swimtails" has decided to use a name so similar it violates the Aquariuz trademark. The dispute isn't about swimtails it's about the name Aquarius.

Yes THIS exactly. There's not really two sides, the facts are there. Whether or not Aquariuz has a case will be up to the courts, but based on some of the stuff she pointed out she may actually. The changing of an S to Z may not be enough. But in terms of Swimtails shadiness, all the facts and proof are there. There's just no arguing that

[the.tattooed.mermaid78]

Yeah they do look so pretty but like you say if they balloon up as much as they do that's so annoying. Yeah the mahina isn't the most comfortable of monifins. I'm gonna try stretching the foot pockets out a bit as it nips on the bridge of my foot. Hot water in the bath and tin cans in the pockets. When I get round to doing it that is. My fave monofin is my fantasea fin 3 by far
I am surprised people love their tails as much to be honest. They look nice in photos but when I saw a number of them at the california mermaid con I was shocked by how the fluke ballooned up. I didn't even know it was a tail at first, I thought it was a weird floaty, then I saw mers trying to sink the fluke so it would fill with water and have crazy drag. I also find the mahina really uncomfortable compared to other monofins. So I guess I have always been a bit surprised at how popular these tails are.

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[Aquariuz]

is she, though?
Aquarius is a very generic term (and not even spelled the same way as the other tailmaker).
I bet she chose it without knowing there was someone who had "trademarked" a variant of the word.

If someone trademarked a word like "star" and then insisted that no one else in the world could ever use the word again because it's now theirs, well. That would be a bit silly.

I wish her the best of luck, her designs are beautiful.

Hi, i just saw this thread, which involves me. Id be happy to chime in here. So, the way that United States trademark laws work is that the first person/ company to use a logo or brand name in commerce is granted common law ownership of the name. You can further establish ownership by registering with the united states patent and trademark office, but it is not always neccessary if previous ownership/use is documented beyond dispute. So, about the names: Aquarius vs. Aquariuz. The names are generic, thats true, but the name is trademarkable within each industry category. Within the united states trademark amd patent process, there are many different goods and services categories ( i forget how many exactly), but heres a few: Industrial solvents, sporting goods, textiles, etc...those are all different categories. For each goods and services category, i.e., for each industry ( such as mermaid tail makers, which, actually, falls under clothing), there can only be one name of any similar type within that category. So, for example, there can only be one Acme within the automotive goods and services category. If another company wanted to trademark their name Acme in a different goods and services category, they could. But if another Acme wanted to try to get trademarked within the same industry, or use descriptive wording attached to their trademark that denoted the same industry, they would be denied that right of ownership. The trademark is already owned by the original Acme for that industry.
Back to that descriptive wording: trademarks must consist of atleast one name brand...other aspects of name are considered descriptive. So, for example, swim tails owner is saying Aquarius Mermaid Tails is the full name...but, Mermaid Tails is actually descriptive of the product, and not the name itself ( this shit gets a little tricky, but all this is available for anyone to read online, as well as underscored in two conversations ive had with an IP lawyer.) Afterall, you definitely could not just trademark ‘Mermaid Tails’...the mermaid tails part is an adjective of the product, not the actual business name itself. To answer the question of trademarking generic terms...you can, if the name is not already trademarked in the same industry. Someone could open the ‘Star clothing company’ within the clothing category, and yes, own that trademark, as generic as it is.
As far as the spelling difference between Aquariuz and Aquarius...it makes little or no difference. Trademark infringements do not have to be spelled exactly the same to be considered infringements...they only have to be close enough or sound similar enough to be warranted to cause confusion among customers ( or in google searches)... and her choice of name is far exceeding that similarity. The attachment of ‘mermaid tails’ or not to the business name is not crucial, as, as i said, and have been informed, is considered descriptive of the product. If anything, the mermaid tails part of her choice in business name is only hurting her more, as it only underscores the fact that we are in the same industry. Several of my social media pages say ‘Aquariuz Mermaid Tails’...a few of my business pages and license just say Aquariuz. It doesnt matter, Spas the mermaid tails part of the title is descriptive. So, essentially, you have two businesses named Aquariuz/ Aquarius within the same industry....the exact same industry, no less. Its not even as if shes manufacturing blue jeans and im making dresses (in which case, i may not even have cared). So, yes, the name is a little generic, but, nevertheless, my use of it preceeded hers, in this industry, by about five years or so. Someone on this thread had also mentioned one of the monofin styles that has an ‘aquarius’ version...was it a finis? ...I cant remember now, but yes, I do know what you are talking about. In this instance, Aquarius is not used as a business trademark..thats not the name of their business, merely the description style of one of their products.
Anyways, whew, sorry so long winded, its definitely been an educating experience for me, and the laws are very interesting. I hope this helps explain why i have decided to move forward with maintaining my ownership of the name. My hope is that she finds something more beautiful and befitting, instead of my generic ol name, so she can jump start her new brand with proper beauty and individualism. Thankyou for your support!!


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[Mermoviemedic]

For those of you wondering if the husband is involved, yup. The web site domain for Aquarius mermaids is registered to him.

[Keiris]

For those of you wondering if the husband is involved, yup. The web site domain for Aquarius mermaids is registered to him.

RUN!!!!!!!!!!!

[MermaidBrandie]

Hi, i just saw this thread, which involves me. Id be happy to chime in here. So, the way that United States trademark laws work is that the first person/ company to use a logo or brand name in commerce is granted common law ownership of the name. You can further establish ownership by registering with the united states patent and trademark office, but it is not always neccessary if previous ownership/use is documented beyond dispute. So, about the names: Aquarius vs. Aquariuz. The names are generic, thats true, but the name is trademarkable within each industry category. Within the united states trademark amd patent process, there are many different goods and services categories ( i forget how many exactly), but heres a few: Industrial solvents, sporting goods, textiles, etc...those are all different categories. For each goods and services category, i.e., for each industry ( such as mermaid tail makers, which, actually, falls under clothing), there can only be one name of any similar type within that category. So, for example, there can only be one Acme within the automotive goods and services category. If another company wanted to trademark their name Acme in a different goods and services category, they could. But if another Acme wanted to try to get trademarked within the same industry, or use descriptive wording attached to their trademark that denoted the same industry, they would be denied that right of ownership. The trademark is already owned by the original Acme for that industry.
Back to that descriptive wording: trademarks must consist of atleast one name brand...other aspects of name are considered descriptive. So, for example, swim tails owner is saying Aquarius Mermaid Tails is the full name...but, Mermaid Tails is actually descriptive of the product, and not the name itself ( this shit gets a little tricky, but all this is available for anyone to read online, as well as underscored in two conversations ive had with an IP lawyer.) Afterall, you definitely could not just trademark ‘Mermaid Tails’...the mermaid tails part is an adjective of the product, not the actual business name itself. To answer the question of trademarking generic terms...you can, if the name is not already trademarked in the same industry. Someone could open the ‘Star clothing company’ within the clothing category, and yes, own that trademark, as generic as it is.
As far as the spelling difference between Aquariuz and Aquarius...it makes little or no difference. Trademark infringements do not have to be spelled exactly the same to be considered infringements...they only have to be close enough or sound similar enough to be warranted to cause confusion among customers ( or in google searches)... and her choice of name is far exceeding that similarity. The attachment of ‘mermaid tails’ or not to the business name is not crucial, as, as i said, and have been informed, is considered descriptive of the product. If anything, the mermaid tails part of her choice in business name is only hurting her more, as it only underscores the fact that we are in the same industry. Several of my social media pages say ‘Aquariuz Mermaid Tails’...a few of my business pages and license just say Aquariuz. It doesnt matter, Spas the mermaid tails part of the title is descriptive. So, essentially, you have two businesses named Aquariuz/ Aquarius within the same industry....the exact same industry, no less. Its not even as if shes manufacturing blue jeans and im making dresses (in which case, i may not even have cared). So, yes, the name is a little generic, but, nevertheless, my use of it preceeded hers, in this industry, by about five years or so. Someone on this thread had also mentioned one of the monofin styles that has an ‘aquarius’ version...was it a finis? ...I cant remember now, but yes, I do know what you are talking about. In this instance, Aquarius is not used as a business trademark..thats not the name of their business, merely the description style of one of their products.
Anyways, whew, sorry so long winded, its definitely been an educating experience for me, and the laws are very interesting. I hope this helps explain why i have decided to move forward with maintaining my ownership of the name. My hope is that she finds something more beautiful and befitting, instead of my generic ol name, so she can jump start her new brand with proper beauty and individualism. Thankyou for your support!!


Sent from my iPad using MerNetwork mobile app (http://r.tapatalk.com/byo?rid=95032)I appreciate this a lot.

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[BlueCorvidae]

She's not going to go away. There's a market for her tails despite shady business practices and the trainwreck of a pastn. The only way she can get pushed out of business at this point is if Finfolk starts doing their fabric tails as made-to-order instead of limited runs, or if Mertailor partners with Mahina and makes more fabric tails for monofins besides his own. (Or somebody more reliable or better at graphic design starts their own tail company.) Finfun's tails, while cheaper, aren't quite 'showy' enough to attract the swimtails customers.

[Aquariuz]

She's not going to go away. There's a market for her tails despite shady business practices and the trainwreck of a pastn. The only way she can get pushed out of business at this point is if Finfolk starts doing their fabric tails as made-to-order instead of limited runs, or if Mertailor partners with Mahina and makes more fabric tails for monofins besides his own. (Or somebody more reliable or better at graphic design starts their own tail company.) Finfun's tails, while cheaper, aren't quite 'showy' enough to attract the swimtails customers.

Does she have a deal with Mahina? I wonder if Mahina is aware of her business history...or if theyd be interested to know. But whether or not she goes out of business, she needs to change the name, atleast.


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[BlueCorvidae]

Does she have a deal with Mahina? I wonder if Mahina is aware of her business history...or if theyd be interested to know. But whether or not she goes out of business, she needs to change the name, atleast.


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I'm going based off memory here so I could be wrong. I'm pretty sure Mahina used to be very against the idea of their monofins being used in tails since they didn't want to encourage weak swimmers to try mermaiding. I think at one point Swimtails reached out to them and convinced them to allow them to make tails for the Mahina fin, so they were the first mahina-approved tailmakers. Their tails are certainly compatible with the mahina, unlike finfolk's which sometimes worked and sometimes didn't fit.

No other major tailmaker that I can think of has tails that work with the Mahina like that. There's Vancouver Mermaid and a few tailmakers on Etsy, but other than that Swimtails was the only major Marina-compatible tailmaker. People really seem to like that monofin, and want tails that work with it.

[Mermaid Rivera]

I'm pretty sure Mahina used to be very against the idea of their monofins being used in tails since they didn't want to encourage weak swimmers to try mermaiding.

Yes they promote their brand for only monofin use.


People really seem to like that monofin, and want tails that work with it.

I can understand that, but even then, you would really have to add in that risk factor. With a risky past like that, I still wouldn't expect someone to want a mahina tail THAT badly. Especially considering the other tails on the market. You could get a custom one instead of worrying about it even arriving!!

Are there any reviews or customers you all know of that purchased from them recently?

[BlueCorvidae]

Yes they promote their brand for only monofin use.



I can understand that, but even then, you would really have to add in that risk factor. With a risky past like that, I still wouldn't expect someone to want a mahina tail THAT badly. Especially considering the other tails on the market. You could get a custom one instead of worrying about it even arriving!!

Are there any reviews or customers you all know of that purchased from them recently?

It doesn't matter. People at large don't do much research before buying things. Swimtails fills that gap of "it looks good enough" and "I can afford that" as well as being easily accessible to order from. They aren't going to go away until another (and hopefully better) tailmaker takes that market from them.

[Slim]

100%


It doesn't matter. People at large don't do much research before buying things. Swimtails fills that gap of "it looks good enough" and "I can afford that" as well as being easily accessible to order from. They aren't going to go away until another (and hopefully better) tailmaker takes that market from them.

[Mermaid_Eos]

As a newer mermaid, I am curious to see your comments on this. She has changed her name today on Instagram as well as her webpage. She is making some interesting claims on her instagram and I am curious to hear y’all’s input on it because I am not sure about all the details on this company’s history. It seems to be a very polarizing thing in the mermaid community right now.

[Aquariuz]

Other than to say that the rule of law was the primary determination in the resolution of this dispute, I cant make a public statement just yet until the rest of the legal work is wrapped up. My thanks to the friends who have been supportive and helpful~

[Nwwoodsymermaid]

Believe people when they show you who they are. Seems like she enjoys playing the victim for how many years now?

Aquariuz I'm sorry you had to go through this and hopefully she doesn't continue to be petty.

[Mermayde_Kat]

So she has definitely changed her name and has also created a new web address too.
https://shellomermaid.com/

hopefully she will change her previous way of doing business and go forward honestly.

[PhaylennMurúch]

considering that she's the art thief and hasn't refunded a bunch of mermaids from when she was running swimtails, I don't have much hope

[Aquariuz]

I wish I could comment further on this, believe me, but it is still going on. Last week she/they revived the Aquarius Website domain and the Aquarius Mermaid Tails facebook page, so, they are running one business with two names at this point. So, unless a settlement and release agreement can be reached this week, we are heading into litigation. Also, some of you were wondering whether or not Ryan Newman was involved with the current business, and the answer is yes, Shello Mermaid and Aquarius Mermaid Tails is registered to both of them.

[Slim]

I wish I could comment further on this, believe me, but it is still going on. Last week she/they revived the Aquarius Website domain and the Aquarius Mermaid Tails facebook page, so, they are running one business with two names at this point. So, unless a settlement and release agreement can be reached this week, we are heading into litigation. Also, some of you were wondering whether or not Ryan Newman was involved with the current business, and the answer is yes, Shello Mermaid and Aquarius Mermaid Tails is registered to both of them.

I’m sorry. I’m not at all shock Ryan is involved. I’m hoping you win this.


Sent from my iPhone using Tapatalk

[AniaR]

Someone should give a summary of all of this (as specific and concise as can be) to the new Mod. He was talking about updating the tail maker blacklist but also adding warnings for situations like this. I haven't been following it and tbh I don't have the time to track it all down.

[Aquariuz]

Yes, the public should certainly be informed about what is really going on with this company. For legal reasons I cant get involved with all that until the lawsuit is wrapped up. But there is a lot of information available on public record of the Colorado Courts. Its not too difficult to connect the dots with what information is available there.

[Oshi]

Yeah I'd really like to hear the concise story. I had gotten my tail from Shello in May/June before the naming dispute, and didn't know of the drama until I started poking around the community afterwards. At first I was told Kristie was a third party (just a designer/sewist?) to the entire Swimtails cheating+closing stuff, and just went on to make her own company, but this thread implies otherwise.

I have a soft spot for people trying to recover from business mistakes and succeed the next time (see: Limebarb->Lemonbrat); her designs are gorgeous, the craftsmanship is solid, and the limited batch strategy sounds like a good plan to avoid the mass amount Swimtails did.
But claims of thousands of dollars still owed and art theft especially.... Is giving me a bit of buyers remorse.

[Aquariuz]

Kristie Foster was and is the registered owner of Swimtails, Aquarius Mermaid Tails, and now Shello Mermaid. Her name is on the colorado business registration for all three businesses, as well as BBB registered owner, and the Swimtails USPTO trademark registration, as well as still the admin of the Swimtails facebook page. Additionally, the Aquariusmermaid.com domain name is registered to Swimtails. She is the primary business owner. There never was a third party/ investor/ silent partner, or if there was, there is not a single documented evidence of it. All of this info is available to the public in the Colorado Bankruptcy court records, and Colorado Secretary of State business registrations, and USPTO trademark registration records, and online domain name search.

[Aquariuz]

https://www.pacermonitor.com/public/case/36706881/Winslow_v_Foster_et_al

Settlement agreement reached, favorable for Aquariuz. You have to pay for the pdf download if you actually want to read the settlement agreement at this link, but you can probably guess what it says.

[Mermaid Jaffa]

Yay! You won! Grats!