"Prim Savers" has changed its name to "Prim Misers"

[Phil Deakins]

I have been trading in SL as Prim Savers for almost 4 years (since 2007), in the low prim furniture field. About a year ago, someone else decided to enter the low prim furniture field and he used the name PrimSavers. When asked about it, he claimed that PrimSavers is a different name to Prim Savers because it doesn't have a space in it. He thinks that CocaCola is so different to Coca-Cola that it can be legitimately used. :smileyvery-happy:

 

Following a number of public discussions, he decided to apply for a trademark on PrimSavers and, for good measure, he included Prim Savers. As soon as he applied for the mark, he naively asked LL to stop me using my business name but, of course, LL wouldn't do that because he'd only applied for the mark - he didn't have it. I could have prevented him from getting it due to my proveable prior use, but for a long time I've been allowing the business to fade - my intention is to close it completely when it's no longer making worthwhile RL money (it's taking a very long time to fade to that extent) - so I chose not to spend the money it would have cost.

The mark has now been granted and he again asked LL to stop me using the business name, "Prim Savers", that I've been using since 2007, and I have no choice but to comply. So, as of May 12th 2011, the widely known "Prim Savers" is trading in SL as "Prim Misers".

 

An aside: when I started the store back in 2007, I would have much prefered the name "Prim Misers", but I'd mistakenly thought that U.S. people would spell it "mizers", so I decided on "Prim Savers" :)

[Peewee Musytari]

Kudos to you for your attitude, I think most people in your position would be spitting nails.

Good luck with Prim Misers

[Phil Deakins]

Ty, PeeWee.

I certainly would have been spitting nails if I hadn't already started the process of letting the business fade when I first came across him using my business name.

[Luc Starsider]

Good luck with the new business name!

You're not thinking of leaving SL when Prim Misers stop generating money, are you?

- Luc -

[Linda Brynner]

Most interesting. 

I had been using the name Prim Saver since 2007 too, using it totally undepending and being totally unaware of other products with the same name.

However, since that name is not a particular clever and bright one i made changes already in 2008. 

Be creative Phil, there are many alternative that will help you to be unique in Search.

Not gonna tell you though :smileytongue: I have a list of at least 5 perfect alternatives.

[Phil Deakins]

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Luc Starsider wrote:

Good luck with the new business name!

You're not thinking of leaving SL when Prim Misers stop generating money, are you?

- Luc -

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Yes. That's what I've been aiming at for a year and half now.

[Phil Deakins]

Linda: Both Prim Savers and Prim Misers are very good names for low prim furniture stores. Prim Saver is a very good name for a temp rezzer, which is a product and not the name of a store. There are 2 types of business name - descriptive and pure brand. I prefer descriptive, which is what I chose.

 

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Linda Brynner wrote:

Be creative Phil, there are many alternative that will help you to be unique in Search.

Not gonna tell you though :smileytongue: I have a list of at least 5 perfect alternatives.

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Having been a seo expert since '98, I've always been at the top of the in-world search results - until recent months when I stopped taking an interest in it. At one time I was responsible for the top 7 or 8 rankings for 'low prim  furniture'. As well as my own place,  I pushed other people's places up the rankings, to intentionally lower the ranking of the place that was using my business name - so that his place was always below the fold. The other places didn't know I was doing it - it was beneficial for them so there was no need to tell them.

 

[Void Singer]

You're a better person than I Phil... I'd have thrown the money at it out of spite, and then offered to sell it to him for more than it cost you... but I'm evil like that

[Wildcat Furse]

my respect for this tough decision .... no doubt success will stay at your side Phil!! *meows*

 

[Phil Deakins]

If I'd thrown the money at it and prevented him from getting the mark, I'd have gone the whole hog and got the mark myself - and then asked LL to stop him using the name.

But I stopped having an interest in search rankings in December and I guess that was when I stopped having an interest in his trademark application. Since then, I've abandoned 3/4 of my land because business has deteriorated, which is what I've been aiming towards, and I don't think the store will exist for many more months, so it doesn't bother me at all. The worst thing that could have happened would be if his place outranked me in search, but he wasn't up to achieving that until I stopped taking an interest in search last December. A recent search shuffle got him above me but, by then, it really didn't matter to me.

[Phil Deakins]

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Wildcat Furse wrote:

my respect for this tough decision .... no doubt success will stay at your side Phil!! *meows*

 

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With a wildcat on my side, how can I fail?

[Wildcat Furse]

hehe true ....... /me purrssssssssssssss ........ *meows*

:smileyvery-happy:

[Cali Souther]

Wow!   You certainly took the high road!  I will have to go shopping @ Prim Misers! - but then,  you may never get to go out of business!

 

Hugsssss!

[Ciaran Laval]

 

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Phil Deakins wrote:

The mark has now been granted and he again asked LL to stop me using the business name, "Prim Savers", that I've been using since 2007, and I have no choice but to comply. So, as of May 12th 2011, the widely known "Prim Savers" is trading in SL as "Prim Misers".

 

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Why on earth has he asked you to stop using the name? He insisted that Prim Savers and Primsavers were very different because of the space or lack of, whichever one you look at.

[Phil Deakins]

That wouldn't do at all ... hehe.

I still like the SL environment but I seriously dislike the way that LL runs it and what they do to their paying customers. That was the biggest reason for me deciding to close down. It's also the reason why I abandoned 3/4 of my land rather than sell it - specifically to stop LL getting tier on it for a while. The other reason was boredom with store stuff. I still occasionally get a twinge of desire/inspiration and I've added some new things since I started the closing process - even as recently as just a few weeks ago. It's in me to wish that I could get inspired again but, whenever it surfaces, I remember LL and it soon disappears again. I simply don't want to have any dealings with LL because of the nature of the company. Some of the empoyees are excellent people, but the company is extremely bottom drawer.

[Phil Deakins]

He added "Prim Savers" (with the space) as secondary to his trademark application, perhaps out of nastiness but, more likely, because he knew the truth about what everyone told him. I knew that he'd added it from the start - LL emailed me about it and provided the URL to the application. I can't fault LL with regards to this.

[Rhonda Huntress]

I know this may be too late and probably not much use.

You could have shown prior use.  You knew this and the usurper probably knew this as well.  If you were not going to make the effort to block the trademark because of your intentions on letting the store fold, why not make an offer to the usurper?  Sell the name for a fee.

OK, so that is getting close to extortion by saying "pay me or I'll block your trademark," but you had every right to protect the brand name or sell it if you wished. 

[Phil Deakins]

I never thought of that. If I had, I might well have done it.

[Knutz Scorpio]

Have you considered opening stores on other grids?

[Phil Deakins]

No. They never interested me because of the very low numbers of users/customers.

[Tiffy Vella]

I remember reading about this when he first started using the name, and was appalled at the "gentleman's" attitude. I admire your restraint.

 

[Kylie Jaxxon]

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Tiffy Vella wrote:

I remember reading about this when he first started using the name, and was appalled at the "gentleman's" attitude. I admire your restraint.

 

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Agree!!

[Kamimatsu]

Let me get this straight. A guy stole your idea, name, and company, and you're happy? 

[Phil Deakins]

I'm not happy about it, but I'm not angry. He didn't steal my idea though - low prim furniture was made and sold by quite a number of people. he stole my business name which annoyed me at the time, but it hasn't bothered me for quite some time now.

When I discovered it, I ARed it, but the AR ws ignored. As we know, they don't get involved in such things, which is to the detriment of SL, albeit only slightly because it's rare for people to stoop so low.

[Void Singer]

here's where I clarify my earlier statement just to fair... I know both parties in this feud, and everyone involved has played their share of dirty pool, and the rivalry is about so much more... I don't condone any of methods they've employed against each other, nor do I support either party. there are three sides to every story.

but IF I was involved, that's a step I'd have taken