Swimtails reopening

[MermaidBrandie]

https://aquariusmermaid.com/blogs/ne...ls-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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[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...)

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

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[moomer]

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

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(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.

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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.

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That 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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[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 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.

[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 ? ^^

[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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[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!!


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I appreciate this a lot.

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[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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[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.

[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.

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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.

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.