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

  1. #1
    Junior Member Aquariuz's Avatar
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    Former Swimtails owner is trying to steal my name, beware!

    Hi, this is Trinity, i am the owner of Aquariuz Mermaid Tails, and have been for the past five years. I create very high quality hand sewn and hand painted chlorine resistant Fabric mermaid tails. I own this business as a presence on Instagram, Facebook, and Pinterest, as well as owning a brick and mortar shop under the same title, Aquariuz. On Oct. 25th the former Swimtails owner/ designer came forth on facebook to declare that she had rebranded her business as Aquarius Mermaid Tails, this infringing on my trademark ownership of the business name. I wont go into the details of how trademark laws work, other than to say that the similarity is by far exceeding of trademark violation laws. I informed her of this violation, and have received no response at all, and so have decided to pursue legal action sooner rather than later.
    In the meantime, i am broadcasting this across all the merworld media, in hopes of preventing any confusion, and also in asking for your support in not accepting this deceptive behavior from this tailmaker as acceptable, i dont care if she was the former swimtails owner or not, she has violated the law, disregarded common courtesy, and seems to be positioning herself to try to overtake my trademark. I have worked far too hard, and put too much artistry into my work, and in to each and every tail to let her steal my brand, my customers, and frankly, for my work to be associated with hers.
    I have already secured legal counsel, and measures will soon be underway, but as you know, the wheels of justice dont always turn swiftly, so, in the meantime, I am widely asking the support of the Mer community in assisting me to not let her take these deceptive actions against my business, and to not aid her in this process by following her IG page, buying the tails, or otherwise promoting the theft of my trademark while she is operating under my name. If any of you are on a personal basis with her, iplease do feel free to share this with her, or to implore her to do the right thing before this goes too much farther. I very much appreciate taking the time to read this, i am shocked and saddened at this behavior, and appreciate your support for the real artisan tail makers.
    Thankyou
    Trinity
    Aquariuz Mermaid Tails

  2. #2
    Junior Member Euro Pod HaleyTremont's Avatar
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    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 ...
    Last edited by HaleyTremont; 10-29-2019 at 08:20 AM.

  3. #3
    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!
    www.youtube.com/MinxFox
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    That was her magic, she could still see the sunset, even on those darkest days. - Atticus



  4. #4
    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!

  5. #5
    Junior Member Aquariuz's Avatar
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    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.

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    Junior Member Aquariuz's Avatar
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    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

  7. #7
    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
    www.youtube.com/MinxFox
    I love: Peacocks - Mermaiding -
    Tropical Plants
    That was her magic, she could still see the sunset, even on those darkest days. - Atticus



  8. #8
    Senior Member Pod of Cali PhaylennMurúch's Avatar
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    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
    Take the wave now and know that you're free
    Turn your back on the land face the sea
    Face the wind now so wild and so strong
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    Wave to me and send me a song

  9. #9
    Junior Member Aquariuz's Avatar
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    Quote Originally Posted by Mermaid Alea View Post
    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~

  10. #10
    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!

    Sent from my SM-J737T1 using MerNetwork mobile app

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