Never really liked Bad Dragon to begin with. Something felt... off about them, this just confirms it for me.

You got my best wishes mate, even though I can't do anything to help. If there's any petitions need signing, hit me up, you've got a supporter in me. Just make sure not to go down the same slimey path they did.

Hmm. Yeah it does look similar in design. This is partly why honestly.... you don't post up prototype sketches on the internet because you run this risk of this kinda stuff happening. There probably isn't much you can do about the name because trademarks work different than copyrights. I mean the original inventor of the telephone was Antonio Meucci, not Alexander Graham Ball as history recorded. Antonio lost out on that credit because he was beat to the patent office by Bell. That was it.

You can of course take your chance in court against BD because obviously their sculpt is derived work. But the problem is, at best you might be able to get a cease and desist order unless you did pay the fee to have the design registered with the copyright office. Most artists do not realize that while copyright is automatic, registration is still required for a lawsuit in general.

As far as their "Chimera" product goes it does appear they were granted it by the government for use on products that are adult stimulation aids.

To be honest given how similar the design is and the timing of it, it does seem like a very shady business practice on part of BD. I'm not sure what FA will do about it given how buddy buddy the admins are with the owners of BD and FA's admins have a long standing history of applying the rules non-objectively. You might have some grounds under the DMCA of course but all of this you will honestly need to consult with an actual lawyer with.

But seriously, and I mean this in a very sincere so not mocking way but do NOT post concept art on the internet of product you intend to or may make. I mean that's the main reason why concept artists have to sign non disclosure agreements with their employer when working on a project for this very reason. Bear in mind however anything you submit to BD for consideration there is very little stopping them from taking the design and revising it and claiming it as their own. But just how similar it looks to your concept, it might actually qualify as a copyright violation. This one reason as well... register your copyright, particularly on product you send in for consideration. Most won't do this because of the simple fact they get obviously excited to possibly have one of their designs be commercially produced.

Another thing to keep in mind too which I was reading someone talk about BD having a board of directors but to put it in perspective BD is not in anyway a large operation. There's like 5 people that own it and if they do have other employees, that count is most likely extremely low. It's more like a small mom and pop style "factory" from what I've been told by those that have been in it. Also, this isn't the first time they've taken some "inspiration" from other sources. I had to actually refer the site to our legal team for review when I worked at Amazon because if you look at certain elements on their page such as the "Hello, sign in..." etc etc and "Where's my Stuff?" was quite similar to elements of our site. Clearly the company didn't pursue the matter much which is fine, their call. I mean there's scams that corporate is aware of and doesn't even seem to pursue. However just shows that the BD won't hesitate to cherry pick design elements it likes and tweak them around.

In any event from what I did read through the BD forums link it seems like some waves were created and you didn't argue your case properly though I will not dismiss the possibility of white knighting is a basis behind it because at the end of the day the designs are very much similar. I can't tell however if you submitted this thing in to their labs for consideration or if this was something you were going to undertake yourself to build because it kinda seems like a submission gone foul then you decided to build it yourself.

Stuff like this does get messy and I know quite a bit about copyrights but I'm no substitute for an experienced lawyer if you really do want to take it that far. But again to reiterate, if anything just do not post your concepts publicly or at the very least file for the copyright and if you do decide to manufacture, for the love of god patent it asap. When you invent a design you intend to produce, patent it before you show it off. That's the all around safest and surefire way you have absolute legal recourse available to you in case something like this comes up.

But while it's frustrating to see your design basically ripped off, keeping calm and professional is actually quite critical. People have this habit of tuning out of the root of the problem, even if legit, and become quite defensive if someone's raging around or being very much passive aggressive about it. With customers I had to handle, irate ones were just an everyday thing. People didn't like what I told them because a policy they didn't like applied to them. They raged and I more or less started fiddling about with things at my desk and tuned out and reverted to a more cookie cutter type argument "I understand your frustration and I would be pretty upset as well if I were the type to keep my Kindle in my back pocket and sat down on it. But it's a thin electronic device with a small layer of glass that will break when a certain amount of pressure is applied. Sitting on the device is not covered under warranty but my options to you I've explained earlier are at your disposal." All while they are ranting in my ear about how they will get a lawyer and sue and that they don't want a discount on a new one, they want a free one, etc.

One thing I can't stand are people who are so thick that they think a lawyer will somehow get them out of something that's clearly not covered under the warranty nor do I like being interrupted while I'm speaking. But, part of the job was taking it. I swear if I had a buck for every customer I wanted to say "Fuck you!" to, realistically I'd have around 50-60 grand. Just do your best to keep your cool when things go sour. Reputation is still a factor in the furry community. If Amazon developed a reputation for telling it's customers to fuck off when someone called to complain, I have no doubts there would be a significant number of people shopping elsewhere on principle alone for that very reason, regardless of how cheap something may be or how cool a device they built is. Say you create a different design that people are into, your sales will likely suffer to some degree simply by having a bad reputation.

I do agree that from what I've seen so far, the designs are just far too similar and I'm not sure if the changes are enough to warrant a new copyright given that the changes can only retain 20% of the original to qualify as a new copyright and is not considered derivative. But an 'attitude' won't help your cause either and won't generally keep people open minded. They'll just assume you're being an asshole and dismiss you as such even if you have a very very valid claim. It's sad but annoyingly that's how human society works out. :/

(your icon being made by Todex(an avid BD supporter), would normally Null any validity i'd give you.... that, or having any British or UK ties also voids any whiteknighting i tend to get)

but.. you actually DO make good valid points, And show good understanding, and real grasp of the whole thing. including, reading the FULL context of the BD forums discussions. Thank you. tremendously for that.
---
go fuckin figure... (the CEO's) role models are Thomas Edison, and P.T. Barnum(the art of making money).
I'm in no way comparing myself to Nikola Tesla... but i have a fondness for the whole backstory on him.

BD forums... is... NO .. place to argue. It's an Orwellian information control racket.
"if you want to know who's in charge... who are you not allowed to criticize?" -Voltaire

Fact is... i UNDERSTAND the root essence of capitalism.. seduction.. i understand it's the name of the game... people have a RIGHT to make money.. and people have a RIGHT to protect their money..... BUT!!! if it's obtained in a shitty scheissty underhanded way... there are societal correction mechanisms, like laws... BUT.... if if these fair practices fail.... society does has other last resorts too.... That being, public opinion and information.
=====
so yeah.... it may be their Attorney, Leo Pruett will have a good explanation and rebuttal to my points.... and my project is completely Voided.. i'll be set back a bit.

i'm still alive... i'm still here. I may be set back for years and years. but i'll be here for a long time.
====

Thank you lex for understanding.

Well, when it comes to who I commission I go on personal experience with that person in how they are with me, not so much how they are with others. I mean if I dig hard enough I'm sure I could dig up dirt on just about anyone and I'd never wind up commissioning. With that said, I'm glad you didn't simply dismiss my comment based on who I got my icon from. ;)

But yeah, there's a level of politics in play here and honestly to me it boils down to legality vs ethics. The law MIGHT be fully on their side in this but regardless of that were their actions ethical? Not in my opinion. When I look at the two designs with yours having the older date to it I mean to me it just looks like a slightly modified knock off, like what they do in China with those cheap knock offs of popular IPs you tend to find in dollar stores or flea markets.

That being said, the furry fandom is heavily political in their own way. You have here a fairly large provider of 'unique' adult entertainment devices who has built up a very decent brand name for themselves even to the point of non-furries buying in. That's fine and dandy but just for me on this whole issue when I see two designs remarkably similar nor am I seeing any credit to you as the designer of this new Chimera product, it just to me appears that it's a ripped off design.

The ironic thing about lawyers is ethics doesn't always come into play. The law isn't so cut and dry and honorable as people tend to presume it is. In the end it really is just a game of who can win what argument and here I see a small corporation vs an individual and very odd timing on their trademark registration date. Some of the people on those forums really do white-knight the company much like the adult artist furry artist who 'can do no wrong' or the whining 'popufur' who is mopy because someone hurt their feelings because they were called out on some bullshit and winds up getting an admin to have that person suspended because the comment was a 'call out'. It's all just.. I don't know. There's too many cliquey people in this fandom. Too quick to take a side of the popular vs the obscure or unpopular. You may have recourse on a copyright claim since yours does appear to be the older one and thus first one under protections. Meaning you can keep the design but sell it under a different name and keep your design or consult with a lawyer about getting some sort of cease and desist order on their current Chimera 2 product due to it appearing to be derived work. Probably won't be able to get monetary damages unless you registered the design with the copyright office, but the default copyright does at least typically get you a cease and desist.

In any event, just don't let this one thing hold ya back. It's all..legal crap and BD I have a feeling has a collective overinflated set of egos now that they're well established. I mean look at the admin drama that happens on this website alone because it is the 'go to' site for furry art and the most popular. BD is no exception. So give them some serious competition. Keep your image sharp and reputation clean. You can even go through the forums and see what BD is NOT doing that their customers want... and then do it yourself, after of course ensuring the legal crap is good to go for it. I'd honestly love to see BD get a run for it's money. When a company has a monopoly, they become VERY complacent and a little more pricy.

my goodness, 4 more completely Valid points.
-right
-right
-right, and SunTzu indeed would advize one to simply be more cautious and elusive in this case.... there's nothing wrong with retreating and regrouping.
- yes, i wanted to base my presence, project and efforts, to fill the Niches they leave out... #1 of all, is PRICE. #2 redundant designs #3 attitude and image #4 real feeling of care for the craft, and genuine Customer relations..... my time at DirecTV for businesses taught me well. VERY well, skills even Doctors just don't have.

- it's not a Monopoly, but an Oligopoly. There's other Big players out there. Zetapaws, Exotic-erotics, etc.
But in Marketing.... the things that Oligopolies FEAR... is Price Wars, suitable alternatives, and educated customer base. I wanted to provide that remedy.

That's right... Oligopoly. A new term for me that I keep forgetting about. Thank you for correcting me on that. ;)

But yeah I think adult toys in general are just way too expensive as is and BD stuff in general is still just as spendy as buying a common dildo from a sex store. So basically you are seeking to do with the adult products market what I seek to do with the art market where you have small time artists with big time artist egos and obsession over copyright control to the level of dictating what gallery site someone can and cannot upload to. As well as comparing the value of the rights to the work to those of actual professional grade artists that work in the industry. Not to mention also ensuring I'm reliable to the point they're not waiting months for a simple piece... or for that long at all regardless. I've had good business sense for quite a while but my time with Amazon definitely did refine it with proof in my EDR metric there. I'm the guy that proved to an operations manager that in chat support associates need to be allowed to use emoticons in customer interactions and proper use of the exclamation mark to generate a positive and exciting tone where appropriate.

It was policy to not use them and in doing so usually meant some form of disciplinary action. So, people generally didn't use them. Their EDR goal in retail chat alone was 10%. So basically it was a goal for 10 people out of every 100 to say NO on those surveys we had to email out. After I made my case and was given an 'exception' to prove my point is valid and get the data to back it up, EDR in Kindle Chat was constantly under the 3% mark, similar to the phone support goal. Then once it became policy, the EDR goal in retail chat dropped from 10% to 3.5% just with that one change because everyone was now getting under 3% EDR each week with only a few going over goal vs the usual 9-13%.

So yeah, I know business and customer satisfaction. Even if I don't generally like dealing with irate people period where some actually enjoy the challenge of it. Crazy. But anyway, give them a run for their money. Because price is one factor but the biggest issue with Zetapaws and BD... time. Took nearly 3 weeks just to get their sample chips and a bottle of cumlube. :P and i live on the same side of the country! Arizona is not that far from WA state overall.

(CEO's) very OWN right hand man, his personal assistant Nemekh, was voted out... He talked about how the company is ran by a "culture of fear" and doesn't want to be a part of it anymore.
....sheeeez

I wouldn't be surprised. Threatening your job and income is a common MO to get you to comply with the collective majority. Amazon tried being more friendly about it via one of their leadership principles being "Disagree and commit' which is basically.."fine, disagree. but do what you are told anyway." which directly contradicts their "Have backbone" principle. ;)

yeah!!! i had that as one of my quotes, from Upton Sinclaire, writer of the jungle. "it's impossible to get someone to understand something.... when their salary depends on them NOT understanding it"

Why would you drag Nemekh into this? That whole incident was none of our business and the fact that people who had no involvement got involved in a private matter is just another example of human attitude that is in serious need of curtailment.

On a side, Nemekh's complaints were directed at someone else in the company.

...There probably isn't much you can do about the name because trademarks work different than copyrights. I mean the original inventor of the telephone was Antonio Meucci, not Alexander Graham Ball as history recorded. Antonio lost out on that credit because he was beat to the patent office by Bell. That was it.
Trademarks protect names when applied to specific product categories, the intention is to stop one company 'cashing in' on the brand identity of another.
Copyrights protect expressions of ideas that are not generic, the intention is to allow authors and artists the ability to control distribution of their works so they can earn an income and be encouraged to produce more.
Patents protect inventions, the idea is to encourage research and development by rewarding people for coming up with useful ideas and products.

Some types of protections (particularly patents) can be overturned if there is evidence of prior art.

...I'm not sure what FA will do about it given how buddy buddy the admins are with the owners of BD and FA's admins have a long standing history of applying the rules non-objectively. You might have some grounds under the DMCA of course but all of this you will honestly need to consult with an actual lawyer with.
Why would FA do anything at all, there's this unhealthy assumption that FA is tasked with enforcing the judgements from the Court of Public Opinion. There is also no "buddy buddy" relationship between FA and Bad Dragon, (they are also indirect competitors) but I cannot speak for personal relationships between respective staff members.

Also, this isn't the first time they've taken some "inspiration" from other sources. I had to actually refer the site to our legal team for review when I worked at Amazon because if you look at certain elements on their page such as the "Hello, sign in..." etc etc and "Where's my Stuff?" was quite similar to elements of our site. Clearly the company didn't pursue the matter much which is fine, their call. I mean there's scams that corporate is aware of and doesn't even seem to pursue. However just shows that the BD won't hesitate to cherry pick design elements it likes and tweak them around.
No moreso than one can claim that Nokia's Lumia handset was ripped off by the HTC One, though clearly the design elements are similar between devices no? On a tangent, Amazon is probably the worst source of inspiration to use when designing a shopping cart, it's not exactly a topper in the User Experience charts.

You do make good points but this whole affair is horribly one-sided, with Kharnak expressing particular bias and bitterness that belies any kind of logical points. Pleading to the masses and stirring shit on a furry art site instead of professionally addressing the BD staff (and replying to such suggestions with the figurative middle finger) is hardly the basis of productively seeking redress for perceived slights.
This is an issue that should have stayed between him and them until all rational avenues had been exhausted, if he has tried to discuss this issue with them and they gave him the figurative finger then that's bad form on their part making this a reasonable course of last resort.

This would be one awkward as hell lawsuit. Sorry to see your project got ripped like this. Maybe you could have a word with him at AC, Bring in your prototype, prove its yours right infront of his face.

(he) does make sales out of (his) backpack on convention grounds, even with children present. I know uncle Kage would be ffffuming if he someone caught like video evidence of it.

I have no direct words of wisdom as what others have said thus far, and while yeah I like the artists who support BD and have commissioned some, that in no way reflects my opinion of BD either. While in the beginning I did enjoy the idea of the concepts they had in mind, but just like Communism and other things on paper; it looks nice, but in practice it's totally fucked up. I personally have a grudge against Bad Dragon myself after receiving something from them that was not up to my specs. I ordered a Medium Werewolf in a special custom color combo, and while yeah I know colors won't be exact, this was totally far from what was originally wanted. I had custom colored the shaft to be a golden color as well as the tip, but what I received was a "highlighter" neon yellow with a puke-yellow color for the shaft because apparently the black of the base mixed with it causing even more problems (let alone them not using the correct color to begin with). After receiving this, I contacted them over it and after waiting forever to hear a reply; they tell me its pretty much my fault and the BEST they can do is refund me for the toy, but then turn around and tell me that they can only give "Store Credit" of the amount used for the custom color which was only $15 -.- SO I just bitched them out in my next reply and said forget it and kept the toy.

This brings me to the present in why I support you. I haven't pledged anything (due to money issues), but when I can I will or at least buy something in the future from you after it's all started. You have a bit more realistic and interesting designs for sure as well as what you have proposed in your Offbeatr updates has my interests perked. So hopefully after this legal stupidity is said and done, things can get back on track and you can finally show BD that they are missing out on something really good with you and instead of making an enemy, they should have a friend. Especially in a marketplace that is very VERY limited and just now really booming.

Yeah... I would've loved having our relationship on better terms. It all fell apart in the forums when their community put me in a no-win double-bind.

i actually DO have a mutually beneficial proposition actually...
Jan's ALL about the money. I am not. I NEVER was, even from the beginning.
I'm proposing to their Attorney, that i sign a contract, where for a length of time (1 to 3 years) I am obligated to turn over all profit derived from "toy formerly known as the Chimera", as a tribute to them. AND... all i want is a brief mention(in a NON-disparaging way) in the toy's current page. A VERY simple HTML edit job... It's an easy solution, and turns this into an Oppurtunity.
Damn good idea i say myself.
They've been quiet now... i take that as them possibly considering it. Makes a LOT more sense, and costs less than these Attorney retainer fees... pffff X3

well I mean really you just said "here take all my hard earned money from something I created". So if they don't take it? Then screw them you know? I mean literally you are putting yourself lower and at their feet to make them feel better which you shouldn't have to and hopefully they see it. Either way I still think you will be better than them anyways. Though I do wonder what this whole "hentai tits" thing is you spoke of on the Offbeatr and if you will have any male-female oriented stuff (like strokers and such)

making fuckable tubes. it's not difficult either, there's just a second die that's held in place t make the cavity space, and then removed. there.. a fuckable tube.
The hentai tits, as i called them, are basically breast forms, but with more interesting features than a human's.... slug nipples(really old submission) crank handle teets, whereby using the same techniques, there would be a chamber that can store liquid, and be squeezed out by hand, or sucked on.
I've seen some disturbing RL anime porn, these girl with huge tits, just shooting milk everywhere.
But these Hentai Tits, are a more practical and functional. (But, i try to avoid "vaporware". Apple used to blab on and on about crap that may never come to fruition) Right now i only give out the access PIN to private photos on my Photobucket.

I WANT people to have my creations, without having to blow half a good paycheck to get 7$ worth of silicone that flops around before you can even manage to shove it in.....
I'm not comparing myself to Mr.Rogers... BUT... I too WANT to inspire interest, curiosity... imagination, in how things are done, manufactured, etc.

Right now i'm just waiting for some response.... still, so far nothing XD I speculate, the Attorney is floored by my solution. They were hoping that i was STUPID enough to not read the whole damn copyright statute, and actual coverage it applies to. XD!!! they didn't even FUCKING read the whole statute..... pffffff So back the FFFFFUCK off about my Lube name... in fact, since "Cum Lube" was abandoned.... (psst check this out) how about **I** name it that?! eh? dafuk they gonna do?

I'm still waiting for FA here, to get to me on how to file a DMCA, so that this one would supersede the current one obtained last year. I contest that the copyright itself was ILL-gotten, and wrongfully obtained.

Vegas Odds: 1. they're regrouping, looking for the upper hand in fucking me up since some candles some other day, any compromise they see as a sign of weakness. But either way.......... if my project is nulled and voided out... it will become a kind of Martyr.
2.: best case scenario, we both get what we want, with profit sharing, and... yes, Length. rough stabs, like .... 3 years of profit sharing... whichever comes first"

in my honest opinion I don't think it will fully shut down if the Vegas Odds hit whatever the House calls it. Wasn't this all about just a naming issue anyways? So there is no grounds for anything else except them ranting "OY THAT'S OUR NAME FOR OUR FUCK STICK TOO" and giving these other ideas that provide a more female (or possible other) gender involvement toy wise? You have too much of a variety and offer something they haven't yet. I really love the ideas of the Hentai Tits and the stroker/fuckable tubes; I mean sure, I am pansexual, but its nice to have something female besides a male toy too! Though it is funny that I got an email from BD today saying:

"For those of you interested in Bad Dragon Labs, we've now expanded the program to allow for the submission of penetrable designs! Think you have what it takes to create a new penetrable to join the ranks of Mary, Natascha, and Janine? Show the community your idea! We'll be expanding our Submission guidelines with more information about this change very soon. Head on over to Bad Dragon Labs for more information!"

SOOOO it looks like they are trying to step on more of someone's toes. Not trying to create a flame war or anything, but I just wanted to point that little gem out given the circumstances. Either way like I said this started out over 1 silly toy that could easily be renamed, removed, or even better as you have suggested- sold with profits going to them anyways. Like a Bad Dragon Exclusive or something lol. Though if "Chimera" is a problem, see with their attorney and find out if "Chimera" is truly trademarked to them and if so, screw them over by calling yours "Chymera" or something XD (unless they have spelling trademarked for every variation. Then if that's the case? We know where they are blowing money out at seeing they would need to pay copyright for every spelling for every toy which wouldn't be financially sound)

Not just do you offer a variety of ideas, but you also offer something that is more affordable with better quality. Remember my story about the toy that came discolored? Yeah they now pissed me off even more with a release of a new toy that has freakin highlights and other nifty features that I knew were possible, but they were just too stupid and lazy to admit that they screwed up on my order. Oh well, least I am able to talk to the creator (referring to you) on a neutral or friendly ground/terms instead of going through some middle man that doesn't know what in the world they are doing.

watch as, many offbrand japanese masturbator tubes will be oddly similar. It's just a matter of sculpting a die that is kept in the core cavity, and removed.
Fleshlight is better, simply for having an outside bracing. but that takes assembly and more complex molding. All other toys, are simple, mix-pour-wait-ChaChing$ repeat. (like those machines at a zoo, you put in 1$ and it makes a wax animal model mold for you on the spot.... same business model if you think about it)
and... Dicks do NOT bend into an S shape on insertion... or bend at all.

i've seen some pretty funny perfume knock-offs too, but i still don't want to do anything like that. Just looks a little shady, and... one should avoid being in someone's shadow, but rather shine in their own way. there are many Niches. sorely unsatisfied.
(on toypics... notice that (he) never ever cums from his own toys...)

honestly I own a fleshlight... I regret spending the money for it. Its heavy and bulky as well as hard to hold. Sure its nice if you pin it between pillows or buy their "mount" for it, but other than that? Not that great. Hell it doesn't even feel that great and is too loose as well as too stretchy. For big magnum sized dicks it would probably be snug and just right, but for average or above average? No it just doesn't work and have had better luck with a $15 Japanese stroker from a local porn store sadly.

Yeah I have noticed that on Toypics as well; almost like he doesn't even want to use them, but just showing what you can do with them just to get money x.x.

Sorry to hear about that message from Offbeatr, but its good to take care of friends, family, and loved ones too. Hopefully during the down time you can come up with some more ideas that would supersede BD and become even more original than ever before because I really REALLY want to see this happen.

oh i'll still be drawing, etc. etc. but unwinding and taking a mental vacation a bit. The timeless wisdom of SunTzu suggests it's the right thing to do

I'm angry at BD for discontinuing the Wallaby. They seem to prefer ungodly hideous and mass-manufactured designs over any actual originality.

patent trolling. I don't think it means what you think it means.

What we have here is a failure on your part to understand the difference between patent and trademark.

1) Bad Dragon filed for a Trademark on the term "Chimera" for the statements("category") of "Adult sexual stimulation aids"
2) A trademark is not a patent
3) In the US, priority of trademarks are given to use based scenarios first. Here's a scenario similar to your own, if one person has concept art and no product and the second person has the product ready, the person with the product ready would be granted the trademark.
4) Trademark has nothing to do with copyright

I don't see what the problem is here. They came out with the product first with the name "Chimera", you don't have any ready product. You don't have a leg to stand on in this situation.

Now, seeing as you're comparing your own concept art to the Bad Dragon Chimera, there's nothing wrong here. Copyright protects a product from being a carbon copy, but case law has stood if a person designs a similar looking product then copyright law doesn't apply since the product is a different design from the other person's design.

To be clear, the following are three different things:
patents
copyright
trademark

I'd recommend you perform research on each of these terms and learn the difference.

middle finger*

What a perfectly rational response to a perfectly rational argument.

shhhh.
we know he was the only one who didn't deserve it.
it never happens to those who really do. damndest irony

I just wanted you to know that this is a very well-thought out overview, and that you're absolutely correct on all your points.
(Not getting into the overarching factors that went into why it was written in the first place; just wanted to give you a thumbs-up.)

http://www.furaffinity.net/view/8883391/

^^^ (co-owner of Furoticon) XD!!! of course

http://www.furaffinity.net/view/8883391/ time line doesn't lie.

re-enable your page, it looks way too shady to keep it closed. you have no reason to defend or give any advice either way.

What bad dragon is doing isn't related to patent or copyright though.

If you created a product named Chimera before bad dragon, then get a lawyer and fight their trademark application. You're doing nothing productive but whining, as BD is in their legal right to file for a trademark. Once their application is granted though, you'd be out of luck.

and who exactly, are you?

Someone who hides behind a cloak of anonymity. I'm more in to the business side of major corporations IRL.

You should challenge the trademark application, if you have the resources.

I touched on this earlier belatedly but this needs to be said, though your point about Copyright is not as clear-cut.

Copyright protects expressions, I write a computer program and sell copies. I can take action against people that distribute it without my permission but I cannot take action against someone that creates a work-alike clone since my rights apply only to the source code and the compiled output of that. Someone who implements the same features and makes the product look and feel like mine has under the law created a new work and I have no claim over it.

Similarly as far as I know, you cannot copyright a 'character' creation but an artist who draws it holds a copyright to their artwork and while you might 'own' the character you cannot apply for any protection on it under current copyright law. So I do not know if even Bad Dragon can 'protect' the design and prevent someone else producing a similar one.

Bad Dragon isn't working on protecting the design, they're protecting the name so people like  Kharnak won't come out with another product named Chimera.

i.e. Apple having a trademark on iPhone so nobody else in the US can use the term iPhone for a cellular device.

I know this and you went with an interesting example because Apple had no rights to the name 'iPhone' originally, Cisco had the trademark and a licencing agreement was reached between the two sides. I just wanted to give you a thumbs up for your post.

Oh yeah, I forgot the Cisco Apple settlement, that brings back Slashdot memories.

i can't, and wouldn't be able to, for likelihood of confusion. i checked.
it's funny how the definitions and coverage are Broad & Narrow when convenient.

i'm afraid, you're quite right. You are. I understand. I got my back into the wall, and i'm about to get crushed through the wall now. I got nothing. I can't contest it. The timing is cruel genius. Normally i'd toast it, but this turns me off so horribly of the whole Machiavellianism thing...

==
PS: this attorney Leo Pruett had a hand in the takeover and merger of Phelps Dodge, a huge mining corp in AZ. very very checkered history on that, anti-union, etc. etc.

this is dildos we're talking about


fucking dildos.


wow this is silly.

category is irrelevant.
could be cars, cookies, cellphones, all the same.

But furry is dildos. We'd be nothing without them!

This definitely does look to be at the very least a derivative work of your design. Even if the whole legal stuff is a little hazy -- And it might be, I don't know, I'm not an expert -- The right thing to do here seems to be either pulling the product from the line before release, or offering you a percentage of any profits made as a goodwill gesture.

This just doesn't come across well. :(

he knows what he did.
http://www.furaffinity.net/view/8883391/ (9-21-2012) The time line, does not lie. 6 days later, they filed.

Karma.

^ (@ Danza )
like what happened to Runa ;3 sweet Schadenfreude.
but you're british, so you do not count.

you're not supposed to be commenting when you're blocked.

middle finger*

Maybe he thinks, somehow, that being British means you'll "whiteknight" for BD's CEO (who is a British Citizen)?

I suppose the irony of being American and therefore without any claim to American ethnic purity (unless you're a pureblooded native American) is lost somewhere.

> but you're british, so you do not count.

um, why not

any whiteknight defending, is invalidated, on ethnic grounds.

lol? Tell me how trying to run a business and insulting a potentially huge market works out for ya.

I did skim through the journal. I don't see anywhere inside the journal of you approaching someone on twitter or sending a note to anyone at the bd staff showing your concern. Sure, I may have friends who work at BD but that doesn't make my statement any less valid. If you have a problem with a business you tell the business, not incite rage in a drama beginning journal (FA is the last place you go to, to prove a valid point.). Take the proper steps as a person and see what they say. Much against your opinion most people who work at BD are awesome individuals.

good *middle finger*

If all you do is give the *middle finger* to people that offer good advice you're not going to get far in life. Good luck with your xenophobic business endeavor.

I still never understood why as a guy trying to set up a [legit?] business, you used to and still do troll people to the extent you do.

They think it's a good resolution practice to pretend i don't exist, and NOT respond. all of the staff, and associates. Jes, "sammy", all of them.
I can hear Jan "wutdafook gais, just fookin block him, he can't fookin do anythin', let him sit there stewin in his own juices, fookin rage poostin ssssspecky wee gadge, we're creamin the crop laddies!!!"

=============
they deleted my tickets, with no answer. I take that as guilt.

They did NOT have a marketable specimen last year in September.
one way or another, David and/or Ryan needs to divulge, WHEN the working marketable product came into existence. Because trying to gain a trademark for competitive advantage, and timing a release for that, is a crime in itself. let alone trying to seize the project funds.

BD's Legal team... is... NOT... a "team".. it's just one old guy who got lucky with a (Mining company) merger, and does a simple copy-paste job of registering ***** fictitious ****'s.
A C&D letter, is an opinon.

---

Lar, please.....
it's time to clear the air. it's NOT money i want!!!!!!! they dont have to spend 375$ on EVERY trademarked name.

all i want, is 4 simple words, added to this page
http://bad-dragon.com/products/chimera

4 very simple words. let me know when they're curious... it's nothing bad. and this is ALL finished. done. i promise.

You're tying to say Brits don't have valid points because you don't like them? Dick move from BD, but dick move from you calling out the Brits on here. What'd they do to you?

Also, can't you just change the name of your design?

did. but they went a little deeper.

.... ^ why do they keep using the word... "business?"
who gave anyone that idea?

His acceptance and approval is not my life goal.

I know this is really old, but I just heard about it now, and I'm sorry you had to deal with that kind of shenanigan.