Monday, September 22, 2008

Sexgen Trademark weaves a tangled web

What a mess is the first thing that came to mind when I found out about the issues with 'Sexgen' and who owns what rights.
On Friday Stroker Serpentine went public with claims of trademark infringement for unauthorized use of the term 'SexGen' by Corsi Mousehold and her line of sexbeds.
Originally Serpentine worked with Briggi bard, a scripter and animator, to create the 'Sexgen' line of beds, after a disagreement between them Bard then started working with Mousehold, after a period of time wounds were healed between Serpentine and Bard and all three began working on the beds and selling them. ALL three sold the beds under the Sexgen name.
To get some sense out of the stories and rumours flying around I attempted to speak to those involved - unfortunately Stroker Serpentine was too busy to speak with me and Briggi Bard is reportedly away on vacation but I did manage to speak to Corsi Mousehold;

Corsi Mousehold: Okay. Look. This has taken alot out of me. I have told the story to them (The Herald) and you can feel more than free to copy what I told her but I really don't want to repeat myself in telling this story.
dana Vanmoer: I can understand that
dana Vanmoer: you must be exhausted from talking/typing today
Corsi Mousehold: You have no idea.
dana Vanmoer: To be honest i have read it all and i think unless bard (Briggi Bard) backs you up - it looks really bad
Corsi Mousehold: She will.
dana Vanmoer: seems strange to go public now when she is away
Corsi Mousehold: Would you like to see the contract I have?
dana Vanmoer: yes please
Corsi Mousehold: I know. Strokers the one going public. I am on defense.
dana Vanmoer: ok
Corsi Mousehold: There you go.

The image is not easy to read even when enlarged so I will copy some of the text here:


Andrea Faulkner: Ok... I caught up with Stroker... and I got a positive response... but he’s kinda dropping this in MY lap now so I’m trying to figure out which is the best way to do this for both of us
Andrea Faulkner: You get your bases from Briggi for the Diamond already right?
Corsi Mousehold: Honestly? My ideas for the best. We all sell everything ourselves. Because of what happened between Briggi and Stroker that is never goign to mend. ...Unfortunate but Meh. Nothing we can do
Corsi Mousehold: I have mod rights to Briggi’s stuff but I do not have full permission copies of everything yet.
Andrea Faulkner: Right... so basically you get your bases from Briggi..
Corsi Mousehold: We were in in process then this came up and went on pause.
Corsi Mousehold: But yes I get everything from Briggi
Andrea Faulkner: So... Stroker is essentially saying that yes, you can get Platinum bases from Briggi and sell them with his blessing
Andrea Faulkner: I actually thought you guys were selling them anyway
Corsi Mousehold: My long term goal is to be a little more proactive than reactive to the same end that Stroker is taking. I am goign to be going out to set up vendors in other peoples stored with basses in the beds. Basically everywhere and wiping MLP off the planet.
Corsi Mousehold: Briggi is I am not
Corsi Mousehold: Now I can
Andrea Faulkner: well... tell her... or I’ll tell her... copy this conversation, whatever you want... and tell ehr WE SAID you can sell them
Corsi Mousehold: I will fax the DMCA recention notice in a few miniutes




dana Vanmoer: I dont want you to repeat everything
dana Vanmoer: just would like you to know we do try to report objectively
Corsi Mousehold: In that, Strokers Buisness Manager Andrea Faulkner states that I can sell the Platinum. I really don't think I need permission to sell the Diamond animations I made.
Corsi Mousehold: The original file date on my computer is the 19th of June for the creation date of the file.
Corsi Mousehold: And the creation date is within one minute of the timestamp from Second Life.
Corsi Mousehold: No alteration timestamp.
dana Vanmoer: stroker could argue that it is not a direct conversation with him and he is not responsible for what his manager has told you
Corsi Mousehold: So unless Stroker wants to say that Andrea has no right to make a managerial decision ....
Corsi Mousehold: That would effectively fire her as a buisness manager.
dana Vanmoer: maybe so but still leaves you out in the cold because this is not a direct contract with stroker
dana Vanmoer: he could easily claim ignorance of that conversation
Corsi Mousehold: No but it is a direct contract with the buisness manager for Eros LLC
Corsi Mousehold: Doesn't matter.
Corsi Mousehold: All I really want is one thing. He's stated to me that he wants me out of the picture. Okay ... Fine.
Corsi Mousehold: Just stop selling my animations and I'll go.
dana Vanmoer: but that would mean you would have to stop using the sexgen name?
Corsi Mousehold: Okay.... Yes that is what I am trying to agree to.
Corsi Mousehold: But he's stating to me that he will not accept that.
dana Vanmoer: he wants to continue using your animations but will not allow you to use the sexgen name
Corsi Mousehold: He wants no negotiations. Just Corsi stops using the SexGen name and he keeps selling my animations.
dana Vanmoer: so he was happy for you to sell sexgen up until now
Corsi Mousehold: Yes
dana Vanmoer: what changed?
Corsi Mousehold: SexGen 5.04 Scripts that Briggi and I developed for Mono
Corsi Mousehold: We developed those. Briggi doesn't want to share them. I had 50 animations from the Crystal and we now could add that to the Platinum Diamond.
Corsi Mousehold: Titanium was released and ..... As they say ... Shitstorm
dana Vanmoer: so titanium has animations in from each of you
Corsi Mousehold: He attacked the Titanium in the SexGen Users group stating not to get it and not to get Mono Scripting
Corsi Mousehold: That's correct.
dana Vanmoer: why would he do that if he is partially responsible for it?
Corsi Mousehold: Simple. He does not have the 5.04 scriptset
Corsi Mousehold: We released Titanium and he isn't getting money from that.
Corsi Mousehold: I did.
Corsi Mousehold: Briggi did
dana Vanmoer: ah, i see
Corsi Mousehold: Cause I still split sales with her.
dana Vanmoer: ok starting to make sense
dana Vanmoer: does titanium contain animations from stroker?
Corsi Mousehold: Yes.
Corsi Mousehold: And they are in there because as far as I knew he agreed to let me sell it cause he was selling the Diamond animations.
dana Vanmoer: so actually sales should be split 3 ways
dana Vanmoer: you have all shared everything up until this titanium - why not share that also?
Corsi Mousehold: No Dana that's just it.
Corsi Mousehold: We haven't aplit sales since JANUARY
Corsi Mousehold: Lets recap. Readers Digest style.
Corsi Mousehold: Christmas sale comes around Stroker doesn't pay me for the Platinum Diamond he was selling. Not until we had to litterally bang on his door then he hands out 60K to Briggi to split which she does and he states he is splitting up with her. He is seling just the Magnum and we were to stop selling the Platinum.
Corsi Mousehold: We agree.
Corsi Mousehold: Two weeks later he starts selling the platinum anyway stating it was to recover costs from the lawsuit in 07 that .... EVERYONE heard about.
Corsi Mousehold: But he was not paying anything to Briggi. Tells her he wants her to do the same and not pay him.
Corsi Mousehold: We move on like this til June and he starts selling the Diamond Plus. But says nothing to me until I found out on the 16th
Corsi Mousehold: I go there and he is indeed selling my animations.
Corsi Mousehold: I confront him. We shouted back and forth and he stated it would suck if my animations ended up in a Bed in a box.
Corsi Mousehold: I have proof of that one too.
dana Vanmoer: "Further, we reserve the right to refuse business for any reason. Possible reasons include but are not limited to - underpricing, selling other items as SexGen which in reality aren't, beds used aren't of decent quality, etc. "
Corsi Mousehold: Where do you have that?
dana Vanmoer: its from a contact who is touch with stroker
Corsi Mousehold: Okay where is it in writing and when was it stated
dana Vanmoer: finding out now
dana Vanmoer: as i said i am trying to look into this from all sides
Corsi Mousehold: Dollars to Doughnuts bets he's trying really hard to back out of the way.
dana Vanmoer: :)
Corsi Mousehold: Cause the comments on the quality of the beds has been a recent thing. Up until now they've never said a damn thing and beds like these have been in my store for over a year.
Corsi Mousehold: Think abotu this.... If I am lying ...
dana Vanmoer: but i think he will have the law on his side and you will not have a legal leg to stand on
Corsi Mousehold: Why wait .... TWO YEARS to do any of this?
Corsi Mousehold: Honestly I am not going to guess.
dana Vanmoer: I am not saying you are but i think you are going to have a very hard time proving it legally
Corsi Mousehold: What I want is SIMPLE.
Corsi Mousehold: Let me take my animations .... And I'll go
Corsi Mousehold: If he stops selling them .... I am out of his hair.
Corsi Mousehold: THAT'S IT!!!
Corsi Mousehold: What kills me is in one breath he says they suck and in the next he refuses to remove them.
Corsi Mousehold: Things that make you go WHAT THE F***???
dana Vanmoer: yes understandable
Corsi Mousehold: I don't want this. I never wanted this.
Corsi Mousehold: But I'll fight for my shit.
dana Vanmoer: again understandable
Corsi Mousehold: One thing I DO have to comment that is absolutely batshit insane hillarious in all this.
dana Vanmoer: this contract only covers the platinum
Corsi Mousehold: He claims I am suppirting scat, Diaper play and Pedophilia ... And I can give abotu 500 witnesses in the FurNation community that know better. And He's the one with the Porta-Potty, Toilet, and dirty mattress.
Corsi Mousehold: Dana ... Do I need permission to sell my own animations?
dana Vanmoer: no you dont but you do need permission to sell them under the sexgen name
Corsi Mousehold: He is.
dana Vanmoer: he owns the name
dana Vanmoer: i really can understand your frustration here but on paper he has the right to say no you cannot use the sexgen name
Corsi Mousehold: And remember ... Andrea does state 'You get your bases from Briggi for the Diamond already Right?'
Corsi Mousehold: So she acknowledges that there is a Diamond Base for sale by me.
dana Vanmoer: maybe so but the point is on paper titanium is not mentioned
dana Vanmoer: (just playing devils advocate here)
Corsi Mousehold: (ANd very well there too)
Corsi Mousehold: Okay that is a valid point. However there is nothing in there that says I have to stay stagnant And I did say in there that I was going to take a more agressive standpoint from here.
Corsi Mousehold: Wouldn't that include releasing new product?
dana Vanmoer: also i am guessing you previously gave him written permission to use your animations
Corsi Mousehold: No. That's the fun part.
Corsi Mousehold: This agreement with Andrea served to allow him to continue to use the Diamond animations and I sell the Platinum
Corsi Mousehold: So the first Real non text document on record is the one I sent you.


Corsi had rezzed a copy of this Contract on a prim at her store which got a quick suspension (although the suspension only lasted a few hours).
Where will it all end? I should imagine that unless some agreement is reached which seems unlikely at the present juncture it will end in court. We will keep you updated.
Dana Vanmoer
Transcripts coded with Gwyn's colouriser

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