Former Swimtails owner is trying to steal my name, beware!

[Aquariuz]

Bubbles

[HaleyTremont]

Hum ... just to give my opinion about that, for me "Aquarius" and "mermaid tail" are very basic english words and it's also use by Finis for the "Aquarius Fin" ...
For me it's very generic ...

[Mermaid Alea]

Unfortunately since your name has a unique spelling with a 'Z' instead of an 'S' people looking for you online might accidentally type it correctly and find Aquarius instead.
In the peacock breeder community something like this happened. There was a peacock breeder that went by "Texas Peafowl" and a new breeder appeared that started going by "Texas Peafowl Farm". It created a whole lot of confusion!
I really hate it when things like this happen. I wish you luck!

[Calisai]

Yes, I agree she will have to change her brand name. I feel bad that Kristie was dealing with a series of unfortunate events like a falling-out with her husband and Swimtails’ demise. She will have to change the name if she doesn’t want more drama and BS in her life. I hope everything works to your favor and that you keep your customers!

[Aquariuz]

So, the way that United States Trademark law works is that you cant have two similar names or logo within the same industry. And, the infringement doesnt even have to be identical, it just has to be similar enough as warranted to cause confusion between brands, and were well in to that territory. To be fair, she is actually probably infringing several different peoples trademarks, depending on which goods and services category a federal judge decides mermaid tails belongs to: probably costuming or fashion...and, the trademark name Aquarius, is taken, and has been, for a long time, across all categories, so. That is, in fact, the reason that i chose Aquariuz, so that i could own the name. Its disputable whether or not her choice of name is a trademark infringement to, lets say, a costume designer in washington whose name is Aquarius. But ive already consulted a lawyer about this..the similarity of names, in the exact same industry, and given that i already have a well documented history of ownership to the trademark...she doesnt have legal rights to brand with it, even if it is just a common combination of english words...once you start using a title for commerce, the rules apply.

[Aquariuz]

Update: I have heard back from the former swimtails owner, and she has been extremely rude and uncooperative. It is surprising to me that someone wants to risk their fledgling business around a trademarked branding that is already owned. She maintains that i have no ownership of the name, and that she refuses to select a different one. The only thing more surprising than her poor conduct and exchange through our emails (especially as a business owner who ought to have a more professional vernacular), is the fact that all legal advice and education seem to be forgone by her, so, here we find ourselves. Im still very shocked and saddened by this, but am going to continue to speak out about this until legal actions are in place, which may take a few weeks. I appreciate the support ive gotten from many out there in the merworld, and ask for your continued support in not promoting this company while she is operating illegally under my name. Thankyou~
Trinity
Aquariuz

[Mermaid Alea]

Well, I was hoping for a better outcome for you but I hope you are able to get this all sorted out and that it won't hurt your business/traffic to your pages.

I faved your page on Etsy and I think that could be one way for any readers of this topic to help you out. Check out Aquariuz's Etsy page here:
https://www.etsy.com/shop/Aquariuz?r...platform-mcnav

[PhaylennMurúch]

I'm not surprised that she was rude and uncooperative. The problems with swimtails weren't JUST her husband, both of them were pulling shit

[Aquariuz]

Well, I was hoping for a better outcome for you but I hope you are able to get this all sorted out and that it won't hurt your business/traffic to your pages.

I faved your page on Etsy and I think that could be one way for any readers of this topic to help you out. Check out Aquariuz's Etsy page here:
https://www.etsy.com/shop/Aquariuz?r...platform-mcnav

Thankyou sweetheart! I appreciate that~

[OrcaBait]

Sorry this happened to you there are rude disgusting people in this world who are selfish shellfish. They think they deserve it all at the cost of others. Makes me sick. So sorry!

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