California man sues Silver Dollar City over name, because it's similar to his seasonal garage attraction

Posted Monday, October 28, 2019 3:00 PM | Contributed by Jeff

Documents filed last week in federal court say that a man named Scott D'Avanzo is trying to block Silver Dollar City from using the Mystic River Falls name, claiming it is too similar to the name D'Avanzo gave to the haunted house attraction he created out of his Orange County, California, home in 2013 called Mystic Motel.

Read more from The Springfield News-Leader.

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Monday, October 28, 2019 3:00 PM

Trademark... I don't think that word means what you think it means.

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Monday, October 28, 2019 3:37 PM

It's even simpler than that. "Mystic River Falls" is not even close to "Mystic Motel".

Heck - he should have sued Dairy Queen since they used to have a drink called Mr Misty.

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Monday, October 28, 2019 4:29 PM

When I read the title, I thought the guy was referring to his garage as "Silver Dollar City".

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Monday, October 28, 2019 4:32 PM

Apparently he has never been to Kings Island...

Last edited by Dale K, Monday, October 28, 2019 4:34 PM
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Monday, October 28, 2019 4:38 PM

He’s also suing the entire state of Connecticut.

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Monday, October 28, 2019 8:26 PM

This makes less sense the more I think about it, and it made zero sense the first time I read it. So like, now it makes less than zero sense. It's currently somewhere around negative fourteen sense.

A. Is a new water ride in Missouri pulling would-be customers from some dude's haunted garage in California?

2. The Washington Mystics just won the WNBA championship. Why isn't he suing them? Or is it a distance thing...like, 1600+ miles is way too close, but that extra 1k is ok?

D. I'm not particularly skilled at enumeration.

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Tuesday, October 29, 2019 7:56 AM

Vater said:

A. Is a new water ride in Missouri pulling would-be customers from some dude's haunted garage in California?

Considering his garage is only open for a few days in October, when said water ride is closed, I'll answer this one: No. No, it's not. At all.

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Tuesday, October 29, 2019 8:01 AM

Modern world advertising.

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Tuesday, October 29, 2019 9:27 AM

It doesn't matter if he's next door to the park. Using one word of a name that common isn't trademark infringement. Trademark law, even if you have a registered trademark, would not apply because the basic legal test is that it could create confusion in the marketplace about similar products. There isn't confusion or similarity here. There's no case. The lawyer who took it is an idiot, and should find a new job if he took it on contingency.

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Tuesday, October 29, 2019 9:39 AM

I thought the name of the guy was familiar. I found out why:

Scott, who brands ideas for a living working on games for casinos. (source)

My past career was in the casino industry. After poking around Facebook and Twitter (his website is down), I remember his "games" - never picked up at any of my casinos.

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Wednesday, October 30, 2019 9:13 PM

Mystic Manor - “what’s in the.. garage?”

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Wednesday, October 30, 2019 9:50 PM

I wish I could have been a fly on the wall in the lawyer's office when this guy waltzed in.

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Thursday, October 31, 2019 12:59 PM

Wasting the courts time with these frivolous lawsuits should result in criminal charges against the attorneys involved. I know us Americans are sue happy but c'mon people

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Thursday, October 31, 2019 2:01 PM

Looks like the individual sent a letter to the park claiming the park couldn't use the name. The park filed the suit. At least according to several sources. Doesn't really change the merits of anything though.

https://www.joplinglobe.com/news/silver-dollar-city-in-legal-fight-with-california-man-over/article_c0a57874-f995-11e9-93e9-976b6a92cbe5.html

Last edited by GoBucks89, Thursday, October 31, 2019 2:03 PM
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Thursday, October 31, 2019 3:40 PM

I'm going to sue the guy for using his garage, since that infringes on my garage usage.

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Wednesday, November 6, 2019 9:33 AM

Looks like he's filed a complaint against KI for the use of "Mystic Timbers" now, too.

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Wednesday, November 6, 2019 9:35 AM

Dumbass. I'd counter-sue for legal costs just on principle.

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Wednesday, November 6, 2019 9:46 AM

Might as well go after DL Hong Kong for their Mystic Manor ride while you’re at it.

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Wednesday, November 6, 2019 9:59 AM

Waiting for him to sue the band Rush over the obscure song Mystic Rhythms from 1985.

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