Disney sued over DCA theme park name

The dude will lose big time. Not only is Disney correct in that they have unrelated businesses, but the guy didn't think enough of his "trademark" to file it until five months after the park opened. If that wasn't enough, he never followed up on the first round of rejection and let the trademark application die (the USPTO almost always rejects the app the first time).

Would've been nice if the reporter did the simple search for more facts. Then it would be a non-story. Here's his TM case.

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Jeff - Webmaster/Admin - CoasterBuzz.com, Sillynonsense.com
"Let's stop saying 'don't quote me,' because if no one quotes you, you probably haven't said a thing worth saying." - Dogma, KMFDM

Well, I think it might be a blessing for Disney if they were forced to change their name (not that they will be). It sounds like part of the problem they are having out there is people not identifying what Disney's California Adventure really is. I think they could have "Imagineered" a better name.

Bussiness must be down for him and needs to sue big bucks disney for money....

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You really need to get some more BRAN in your diet

"Disney, in turn, has sued World Impressions for using its name and logo on the tourist attractions map."

And that's the best part hahahaha!

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Werner Stengel: Ich sprich, denke und traüme Achterbahn!

Well I would hope that Disney would loose this, so they would get rid of that terrible theme and go for something that they could actually use. Honestly the "CA" theme is what is killing the park.

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I doubt that either lawsuit has much merit, but I would demure to Jeremy (2Hostyl) on this since it's really his specialty.

Wait a second..doesn't Six Flags and Paramount both have parks named "Great America"? Have they ever tried to sue one another over it?

Disney is one of the most letigous companies in the world and as much as I would love to see them get thier comupance.. this is just stupid. The guy's a twerp and Disney has no claim to a counter suit. I hope it gets thrown out of court.

Phyter:

The "Great America" name was made by Marriott when they owned both of the parks. The idea was to create two identical parks, one in the midwest and one on the west coast. When Marriott sold the parks off, Paramount ended up with one on the west coast and Six Flags (Bally's) ended up with the one in the midwest. Both new parent companies decided to keep the Great America name as recognition to past guests.

Anyhow, I agree with others that they don't have a chance of beating Disney on this one. With Disney's deep pockets, they could tie it up in litigation until they run out of money to defend the case. *** This post was edited by tappakeggadae on 9/5/2002. ***

Sorry Jim, but i cannot be of much help here. I'm not a trademark attorney, I only deal with patents. I *could* look up the basic rules for you all though. But today I'm not feeling well so I'm not in the office. I'll give it a look next week.

But Jeff brings up a good point about the filing date. Again, I' not conversant on the Trademark rules, but there are "statuatory limitations" on the patent side that basically say that if the invention has been used or on sale commerically for over a year before filing an application, then you've basically forfieted your chance to get a patent. What I *can* say with a fair amount of confidence is that if a trademark has yet to be officially *registered*, then the alleged "owner" of the mark has no 'official' rights. So I dont know what this cat is thinking he can get.

lata, jeremy

--I blame the World Wildlife Fund for this mess...

Ahh! Thanks for the info tappakeaggadae. I appreciate it.

It looks like this map guy filed a request to register a trademark on California Adventure for an amusement park name after Disney already had the name in use for an amusement park. That's not going to fly with the trademark office. I didn't check for Disney's registration, but knowing Disney you can bet they have one.

California Adventure is having a breakout year for Disney. I hardly see how the Ca theme is killing the park. Give me a break. It is currently the best run park in California.

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"Escuse me, can you tell me where the heck the Mystery Lodge is"?

OutKast- you're kidding right? Or have you just not been to DCA?

I have been, and trust me, it's not having a breakout year (massively low crowds and far under what they had set as goals to break in) and it's not the best run park in CA either. Shoot, if you want to look for one of those, look accross the esplanade from DCA, or perhaps down towards Dan Diego (Sea World, Legoland, and others ring any bells?). It's not even the best in So. Cal.

You know a park isn't doing what they should be when they have to drum up a summer concert series and plug in all sorts of stars from their networks shows just to try to get people in the gates since the park's attractions can't do it.

Oh, and getting back on topic... this has got to be one of the most frivolous lawsuits, and without merit, that I've heard of. Forgive me if I congratulate Disney on the countersue, and hope it wins, if nothing else to deter stupid lawsuits like this in the future.

Simply stated......The guy just wants some 'free money'!!!

No Sir Willow, I'm not even close to kidding. And yes, I have been to DCA more times than any other California park this year. Sorry, as good as Legoland and Sea World are, they don't hold a candle to the wonder of Disney, and certainly not their capacity and cleanliness.

DCA has become the best run park in California by leaps and bounds, and every time I've been there the park is PACKED. It's beautiful, has a great steel coaster, and has(or at least had) one of the best shows I have ever seen(Blast). How to be a Millionnare is a rousing success(I wish more parks would do this), and still, NO one handles crowds better than Disney. And my mouth drools over the upcoming TOT. Need I say more?

To anyone

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"Escuse me, can you tell me where the heck the Mystery Lodge is"?

Wow, OutKast, you're more of a bigger Disney freak than I am aren't you?

Who Wants to be a Millionaire is great at MGM, and Blast! was awesome at EPCOT (as is Blast II: Shockwave), but I don't see how they make the park awesome.

And, no, I haven't been there yet.

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- John
Line jumping is cause for removal from soceity.