I started an airline in Daveu. JetAzul. It was set up in Brazil with Subsidiary in Colombia. I didn't access the airline for about 4 days. I came online today and I see the airline does not exist and I found to be NOT active in any game world.
What gives?
We kindly contacted you ingame about that airline. If I remember correct you had a mother enterprise/subsidiary too with a name very similar to the real life Azul in Brasilia. If there is no response on our contact, we delete the airline after a period of one week or if we see that it is founded, aircraft purchased but nothing more hapened for 5 days (typically player login in once and not coming back anymore) it will also be deleted.
Hello
I would like to know if this is the way how you treat new players.
So let's just go answering your concerns one by one.
Though Azul is a real Airline, word Azul means Blue. As far as my memory serves, from my Business Law course, you cannot patent and tardemark common names,please see:
Generic Terms Generic terms that refer to an entire class of products, such as bicycle and computer, receive no protection, even if they acquire secondary meanings.A particularly thorny problem arises when a trademark acquires generic use. For example, aspirin and thermos were originally the names of trademarked products, but today the words are used generically. Other examples are escalator, trampoline, raisin bran, dry ice, lanolin, linoleum,nylon, and corn flakes. Note that a generic term will not be protected under trademark law even if the term has acquired a secondary meaning.In one case, for example,America Online, Inc. (AOL), sued AT&T Corporation, claiming that AT&T’s use of “You Have Mail” on its WorldNet Service infringed AOL’s trademark rights in the same phrase.The court ruled,however, that because each of the three words in the phrase was a generic term, the phrase as a whole was generic. Although the phrase had become widely associated with AOL’s e-mail notification service, and thus might have acquired a secondary meaning, this issue was of no significance in the case. The court stated that it would not consider whether the mark had acquired any secondary meaning because “generic marks with secondary meaning are still not entitled to protection.” America Online, Inc.v.AT&T Corp., 243 F.3d 812 (4th Cir. 2001).
from Clarkson, Miller, Jentz, Cross, Business Law, text and Cases, 11e.
The part marked in bold above means, by consequence, that Azul Linhas Aereas Brasileiras is not patentable name under the law, and therefore, if I use the name JetAzul (which again are two generic terms) I cannot be infringing upon anybody. I am deeply convinced that while I understand your position against using real airline names, this is irrelevant in cases of ailrine names that cannot receive trademark protection under trademark law. So if I name my airline Peach, I will be deleted, because there is Peach Aviation in Hong Kong? What about if I name it Titirimundati? Maybe there is some obscure airline somewher using that name, right? This is ridiculous!
Second. This games go by real life time. In real life airlines have planes grounded for some more thays than just 3-4 days, while they plan routes for them, etc. So you simulate real life, this shoudl be no problem. So why do you say it is?
In your mail you say my airline is under investigation again because I have planes not in use. For Christ Sake! I just bid them, less than 8 hours ago, and I went to SLEEP hello???? I didn't even have time to rebase them. So for no normal reasons can I imagine why you are investigating me!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
A common decency would have it that you would have contacted me by email to try to rectify the situation. Having sent message through some in-game message system is not, in my opinion, an excusable reason and sufficient method of communication, especially in cases like this, and considering that you have my email address on file. If for some reasons I cannot log into the game, it is just reasonably foreseeable that I would not have received such message sent through in-game messaging system. And I reviewed my email and I have NO email from you ever since I paid you by Paypal. Yes, the last communication from airlinesimw as PayPal payment confirmation notice.
IS THIS THE WAY YOU TREAT NEW USERS? IF THAT'S SO, THEN I DO NOT WANT TO BE PART OF SUCH COMMUNITY
I am upset.... very upset .... upset I am ... I mean the way you have treated me is unacceptable. Fortunately I didn't have anything operational so your unilateral unprecedented action didn't do me much damage, but the way you treat customer, especially PAYING customers is just uncomprehensible and outright mind boggling and goes beyond any reasonable expectations in a negative sence that one might have about 21st century business (you are a business, aren't you?) treating its customers.
Bum. Hit. Delete. That's It. Airline bye bye. No notification. No nothing. THIS IS WRONG. This is absolutely wrong. This is just totally unacceptable.
You may not want to accept this, but there was a in-game messsage send to your airline about this and - especially due to the fact that it was only a hull with leased used (not produced anymore) aircraft - after some days without any reaction and no login the airline obioulsy looked like started but no more interest in. Combining the branding "Azul" which we exclude as described in the naming conventions and the not used limited ressources (violating the game rules) I decided to delete the airline.
That has nothing to do with paying or not paying costumer, new costumer or an old one. I usually give premium accounts some days more.
You currently have a new airline and you have 8 aircraft leased 16+ years and no schedule etc. Please keep in mind, that these aircraft are highly demanded and that they should be operated to avoid to be judged as blocking of restricted ressources.
As I asked in the ticket via email, I kindly ask you to give me a week from now to complete scheduling. I am still learning the basics. Thank you.
Wow... :huh:
Wow... :huh:
I agree :D
It’s a game…
It's a game...
Would you say the same if your airline was deleted?
The current status:
It is obvious that we had a bad start from both sides in this case. The airline looked like a typical new player losing interest a few hours after leasing aircraft. We have about 10-20 airlines of this kind every day. If there is no action and log-in after some days we deleted the airlines again. In the most of this cases these airlines do have old used aircraft in their fleet which are cheap and we would like to keep these aircraft available for all players. If there is a schedule, the airline won't be deleted.
This is the first case for years where a player had interest in his airline but for some reason couldn't. I added the used credits on his account and I'm in contact with him via the support.
Would you say the same if your airline was deleted?
If my airline was 3 days old, with no routes, no schedules and old useless planes? Yes!
And by the way, that law he is referring to, is american. Kinda useless in Germany.
Hmm... I think he is correct about the names... copying an existing name would be illegal, but in many countries the judge would laugh if German Wings went to court to sue a new company that called itself German Airline, or Bavarian Wings.
And I have been upset for less. I remember that the day after I started my first airline, someone had added "air" to my name. I did not like that either. The only difference was that I did not use big capital letters ;)
But Sascha has made a nice gesture. I hope that Rubiohiguey2000 will accept it as such.
Apart from all the above, I admire your "zen" if something happens to your airline.
Jan