Exotic Leo

Why Wg's Should Trademark Their Names.

21 posts in this topic

Whilst trawling through AW the last couple of days, for my research into my Phd. I noticed that the amount of girls that use name"s similar to the ones of more established WG's has increased.

 

For example, the lovely Amica Bentley established adult entertainer uses the name :-

kinkydirtybitch 

 

and whilst there is another not so known girl operating out of East London using the name of :-

kinkydirtybitch.

spot the full stop at the end. Do you find this acceptable??

 

 

It takes time and effort to build a reputation in any industry, so why should WG's be have there reputations compromised? 

 

Should WG's have there name's trademarked? 

Are there any WG's that have suffered the same fate?

 

Anyone with knowledege of Business/Law share there knowledge?

 

 

 

 

 

Share this post


Link to post
Share on other sites
 

spot the full stop at the end. Do you find this acceptable??

 

 

 

 

You need to contact AW to complain rather than base your PhD on full stops.

Share this post


Link to post
Share on other sites

Whilst trawling through AW the last couple of days, for my research into my Phd.

 

Anyone with knowledege of Business/Law share there knowledge?

Ph.D? Who are you kidding, you can't even spell or punctuate properly!

There are some very good reasons why escorts do not trademark their names. As a City lawyer specialising in IP law for 25 years, I would be happy to reply to your query, if you are happy to pay my going rate of £600 per hour. Like those practitioners of the oldest profession, we practitioners of the second oldest are not charities.

2 people like this

Share this post


Link to post
Share on other sites

I'd be furious if someone pinched my name but I wouldn't be able to do much about it other than send a nice email suggesting they must be unaware of me and maybe things would get confusing...

1 person likes this

Share this post


Link to post
Share on other sites

Ph.D? Who are you kidding, you can't even spell or punctuate properly!

There are some very good reasons why escorts do not trademark their names. As a City lawyer specialising in IP law for 25 years, I would be happy to reply to your query, if you are happy to pay my going rate of £600 per hour. Like those practitioners of the oldest profession, we practitioners of the second oldest are not charities.

Really??? You try typing on train. As for the £600 does, can i finish in your mouth?? Yeah STFU

Share this post


Link to post
Share on other sites

You need to contact AW to complain rather than base your PhD on full stops.

 

i have contacted the relevant parties. Thank you. Player hater Dergree!!

Share this post


Link to post
Share on other sites

I'd be furious if someone pinched my name but I wouldn't be able to do much about it other than send a nice email suggesting they must be unaware of me and maybe things would get confusing...

Excellent response. Unlike the others 

Share this post


Link to post
Share on other sites

I would have thought someone doing a PhD would get the correct use of their but it may be science based.

Share this post


Link to post
Share on other sites

Really??? You try typing on train. As for the £600 does, can i finish in your mouth?? Yeah STFU

Well, the train might account for the odd typo, but not the elementary punctuation mistakes which indicate a failure to appreciate, or an indifference to, the distinction between a plural and a possessive. That, and a failure to proof-read, in my opinion tend to weigh against ExoticLeo being the Ph.D. student he claims to be.  I am afraid I am not convinced about the Ph.D. as no details are given of the research topic, of the university or the department in which the research is being conducted. Contrast the thread opened up recently by SexWorkAcademic as an example of how to do it properly.  

 

Nevertheless, for all his lexical challenges ExoticLeo has raised an interesting point, and one which I will try and answer if only because it has piqued my curiosity and I had a very nice PM request about it.  So...brace yourselves, folks, this promises to be one of the more tedious posts you have ever had the misfortune to read on this forum.

 

Trademarks  are granted against classes of goods and services set out in international treaties.  The applicant has to give their full legal name and address, so that the owner of the trademark can be properly identified. So, to take the example of MinxyLydia, who contributed to this thread earlier, if she were to apply to register her name as a trademark in the class that covers personal services, her true name would immediately be available to anyone who took it upon themselves to run a search against her trademark in the public register. The risk of a punter running a search against a trademark register may be slight (or not, as the residents here never fail to surprise!), but the risk of discovery by friends, family, the press etc remains.

 

Not all WG working names are potentially registrable. While MinxyLydia may well be, kinkydirtybitch may not be, since a trademark that is purely descriptive cannot be registered. That might exclude a lot of WG names at the outset.

 

Registration isn't that cheap. The filing fee to register a EU-wide mark in three classes (actually cheaper than just a UK mark) is about 600 euros. Added to that is the cost of getting a lawyer to draft the goods or service description for the mark which will go on the register. You are unlikely to get much change out of £1,200. Plus VAT.

 

Next, you have an enforcement problem. Even if the mark is registrable in the technical sense (meets the formal requirements of no other identical or similar marks, not descriptive etc), it may not be legally enforceable against an infringer (someone who has taken your mark and used it as their own).  Enforcement of a trademark is via the court. Remedies typically include an injunction to prohibit the infringement, and/or an award of damages (to compensate for the loss to the trademark owner), or an account of profits (whereby the infringer is required to hand over a sum equivalent to the earnings from the unlawful use of the mark). Bringing a claim will again require the trademark owner to sue in their proper name, and thereby reveal the true name behind the working name.  Court claims are a matter of public record, and the court registry is a time-honoured hunting ground for journalists looking for salacious copy. Again, big privacy risk.

 

Then there is the public policy issue.  The courts have a discretion to refuse to grant a legal remedy where to do so would cut across public policy considerations.  An example of this is where the courts will not give an award of damages for breach of an illegal contract (e.g., a contract to kill someone). Although I do not believe the point has ever been tested, I would expect a claim to enforce a trademark for an escort service could run into this kind of problem even though the service protected by the trademark is not itself illegal.

 

Then there is the question of damages or an account of profits. This part of the trial would require details of lost earnings and other economic damage to be filed and possibly argued over in open court. I can't imagine that the publicity would be an attractive prospect for a WG. Let alone the almost inevitable consequence of interest from HMRC.

 

And then there is the cost. At a minimum, legal costs are going to be c.20k in the County Court. The public policy point mentioned above could take the case all the way to the Supreme Court, in which case you can add another five zeros to that amount. And if you lose, then not only do you pick up your own costs, but the other side's as well. Only companies with revenues of millions of pounds can afford the spend this kind of money to protect their brands, not sole traders.

 

That, in a nutshell, is why I expect WGs tend not to trademark their names (assuming that it even crosses their minds as an idle thought in the first place), and why MinxyLydia's solution is almost certainly the most effective.

 

On this occasion, I am happy to waive my fee in favour of a donation to the Punternet Christmas party fund.  

8 people like this

Share this post


Link to post
Share on other sites

And if the defendant be a man of straw no damages may recoverable anyway.

Share this post


Link to post
Share on other sites

Well, the train might account for the odd typo, but not the elementary punctuation mistakes which indicate a failure to appreciate, or an indifference to, the distinction between a plural and a possessive. That, and a failure to proof-read, in my opinion tend to weigh against ExoticLeo being the Ph.D. student he claims to be.  I am afraid I am not convinced about the Ph.D. as no details are given of the research topic, of the university or the department in which the research is being conducted. Contrast the thread opened up recently by SexWorkAcademic as an example of how to do it properly.  

 

Nevertheless, for all his lexical challenges ExoticLeo has raised an interesting point, and one which I will try and answer if only because it has piqued my curiosity and I had a very nice PM request about it.  So...brace yourselves, folks, this promises to be one of the more tedious posts you have ever had the misfortune to read on this forum.

 

Trademarks  are granted against classes of goods and services set out in international treaties.  The applicant has to give their full legal name and address, so that the owner of the trademark can be properly identified. So, to take the example of MinxyLydia, who contributed to this thread earlier, if she were to apply to register her name as a trademark in the class that covers personal services, her true name would immediately be available to anyone who took it upon themselves to run a search against her trademark in the public register. The risk of a punter running a search against a trademark register may be slight (or not, as the residents here never fail to surprise!), but the risk of discovery by friends, family, the press etc remains.

 

Not all WG working names are potentially registrable. While MinxyLydia may well be, kinkydirtybitch may not be, since a trademark that is purely descriptive cannot be registered. That might exclude a lot of WG names at the outset.

 

Registration isn't that cheap. The filing fee to register a EU-wide mark in three classes (actually cheaper than just a UK mark) is about 600 euros. Added to that is the cost of getting a lawyer to draft the goods or service description for the mark which will go on the register. You are unlikely to get much change out of £1,200. Plus VAT.

 

Next, you have an enforcement problem. Even if the mark is registrable in the technical sense (meets the formal requirements of no other identical or similar marks, not descriptive etc), it may not be legally enforceable against an infringer (someone who has taken your mark and used it as their own).  Enforcement of a trademark is via the court. Remedies typically include an injunction to prohibit the infringement, and/or an award of damages (to compensate for the loss to the trademark owner), or an account of profits (whereby the infringer is required to hand over a sum equivalent to the earnings from the unlawful use of the mark). Bringing a claim will again require the trademark owner to sue in their proper name, and thereby reveal the true name behind the working name.  Court claims are a matter of public record, and the court registry is a time-honoured hunting ground for journalists looking for salacious copy. Again, big privacy risk.

 

Then there is the public policy issue.  The courts have a discretion to refuse to grant a legal remedy where to do so would cut across public policy considerations.  An example of this is where the courts will not give an award of damages for breach of an illegal contract (e.g., a contract to kill someone). Although I do not believe the point has ever been tested, I would expect a claim to enforce a trademark for an escort service could run into this kind of problem even though the service protected by the trademark is not itself illegal.

 

Then there is the question of damages or an account of profits. This part of the trial would require details of lost earnings and other economic damage to be filed and possibly argued over in open court. I can't imagine that the publicity would be an attractive prospect for a WG. Let alone the almost inevitable consequence of interest from HMRC.

 

And then there is the cost. At a minimum, legal costs are going to be c.20k in the County Court. The public policy point mentioned above could take the case all the way to the Supreme Court, in which case you can add another five zeros to that amount. And if you lose, then not only do you pick up your own costs, but the other side's as well. Only companies with revenues of millions of pounds can afford the spend this kind of money to protect their brands, not sole traders.

 

That, in a nutshell, is why I expect WGs tend not to trademark their names (assuming that it even crosses their minds as an idle thought in the first place), and why MinxyLydia's solution is almost certainly the most effective.

 

On this occasion, I am happy to waive my fee in favour of a donation to the Punternet Christmas party fund.  

You missed a very important point--that most of the judges ( the male ones at least, and, perhaps, some of the few female ones ) would be compromised, and unable to hear the cases. As users of the ladies services, it is hard to be impartial. And don't forget the barristers and the solicitors. To get a court full of non-service-users is nigh on impossible. So, even if a lady were bold enough to front it up, there wouldn't be a court to hear it !

4 people like this

Share this post


Link to post
Share on other sites

Well having read grandoldduekeofyork's post I think I'll give registering my name as a trademark a miss! :) 

 

To be honest, I don't think the name thing as much of an issue as website content being nicked. I know several women who have had that happen including myself. I wrote a nice but scary email to the woman in question and got it removed. It's not a problem per se, in that it won't lose you business, but it's damn annoying when you spend ages trying to word website blurb and some lazy bint nicks it! 

 

I occasionally google chucks of text copied from my website to see if it comes up anywhere else. Mainly cos I like a bit of a scrap! 

5 people like this

Share this post


Link to post
Share on other sites

Well having read grandoldduekeofyork's post I think I'll give registering my name as a trademark a miss! :) 

 

Mainly cos I like a bit of a scrap!

So if ever I find myself at a loose end in Hounslow and feel like a scrap I now know where to go:)

2 people like this

Share this post


Link to post
Share on other sites

Whilst trawling through AW the last couple of days, for my research into my Phd. I noticed that the amount of girls that use name"s similar to the ones of more established WG's has increased.

 

For example, the lovely Amica Bentley established adult entertainer uses the name :-

kinkydirtybitch 

 

and whilst there is another not so known girl operating out of East London using the name of :-

kinkydirtybitch.

spot the full stop at the end. Do you find this acceptable??

 

 

It takes time and effort to build a reputation in any industry, so why should WG's be have there reputations compromised? 

 

Should WG's have there name's trademarked? 

Are there any WG's that have suffered the same fate?

 

Anyone with knowledege of Business/Law share there knowledge?

 

Really?  There are so many Annabelle out there and girls with xoxo, even a girl based in the US with my name but .com added to her site, I am so happy with the anonymity.  

 

Would you like to be remembered as the person with bad spelling or as the person with the PhD?

Share this post


Link to post
Share on other sites

I remember that some time ago there were a couple of WGs in Northampton called Sam.

They seemed to rub along quite happily by going under "Sam 1" and "Sam 2" or a similar numerical distinction. The basic distinction was on who had first started business.

I don't recall any feathers flying even less any intervention by £600 ph lawyers.

Now if a NEW WG started business in St Albans under the name Shanelle, for instance, then I might be one of the first to complain to the Advertising Standards Board. And Shanelle would be right behind me - or me behind her - well whatever!

Uncle Pokey

Share this post


Link to post
Share on other sites

I used to have a name on one had which I never even picked myself. A guy who took my details from a magazine I advertised in, of which I never used a name I just used to call the title. Kensington Escort. All of a sudden I was getting calls that asked "Is this Kensington", because he never had my name and never asked me he just called me "Kensington", so guys used to ask for Miss Kensington all the time and stuck with it for a while. Surprised no one else used it then or since. Although I did see a lot of girls afterwards call themselves things like Dallas and Texas and they were flipping 100% English in London.

Share this post


Link to post
Share on other sites

I used to have a name on one had which I never even picked myself. A guy who took my details from a magazine I advertised in, of which I never used a name I just used to call the title. Kensington Escort. All of a sudden I was getting calls that asked "Is this Kensington", because he never had my name and never asked me he just called me "Kensington", so guys used to ask for Miss Kensington all the time and stuck with it for a while. Surprised no one else used it then or since. Although I did see a lot of girls afterwards call themselves things like Dallas and Texas and they were flipping 100% English in London.

I once went to work for the now unsurprisingly defunt Playgirls Mansion in woburn, the owner announced that I was going to be called Houston despite my protests that my working name was always Chloe and now I was coming back after a 3 and a half year break I wanted it to be Chloe again. Absolutly now way she said, men wont book a girl with a boring name, they want something exotic so Houston I was, for about 3 weeks till I left. Every single guy said "Houston we have a problem" when I walked in…tres irritating

 

Worse still, she told everyone I was blonde because "only blondes sell" stupid bint..sorry but she was

Edited by Chloe Kisses
1 person likes this

Share this post


Link to post
Share on other sites

I wonder if an escort was called something like Mavis, Hilda or Edna whether she would get less bookings or profile views, even if she was clearly young and pretty. 

Share this post


Link to post
Share on other sites

I wonder if an escort was called something like Mavis, Hilda or Edna whether she would get less bookings or profile views, even if she was clearly young and pretty. 

 

Not many Ethels and Gladyses around either.

Share this post


Link to post
Share on other sites

I wonder if an escort was called something like Mavis, Hilda or Edna whether she would get less bookings or profile views, even if she was clearly young and pretty. 

The men would have booked with the proper descriptions. They usually walked at the door though when it was opened and they realised that they had been lied too by the woman on the phone. Some stayed but really, she didnt just sell us all as blonde, she sold us all as some sort of playgirl porn bodies superstars instead of just telling it like it was. The guys turned up expecting a row of pamela andersons so you can imagine we were somewhat of a disappointment a lot of the time what with being brunette, redhead and not having heaving bussoms and all over natural tans.

Share this post


Link to post
Share on other sites

chloe certainly isnt a 'boring name', its one of my favourite female names to be honest.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now