I wish there was a “Like” feature for this comment!
I wish there was a “Like” feature for this comment!
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.
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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.
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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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.
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.
Swim away! Swim away!
Why risk getting burned after all that drama and no clear cut resolution? Plenty other tailmakers in the sea.
"Please don't fucking drown." - Regina, my daughter
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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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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.
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 thatThe 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.
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 farSent from my SM-G960F using MerNetwork mobile app
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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For those of you wondering if the husband is involved, yup. The web site domain for Aquarius mermaids is registered to him.
Owner/Operator behind Tails & Portholes
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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.
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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.
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Yes they promote their brand for only monofin use.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 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!!People really seem to like that monofin, and want tails that work with it.
Are there any reviews or customers you all know of that purchased from them recently?
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