Trademark Coasters
Why do certain roller coasters have names that are Copyrighted or are a Trade Mark of a park? For instance, roller coasters that are C or TM at Paramount's Kings Island are The Beast and Top Gun. At Cedar Point, Millennium Force is said to be TM or C. I was wondering why these roller coasters are marked as TM or C?
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Intelligence is a God given gift: Know how to use it.
-Nate
*** This post was edited by coasterdude318 on 11/23/2002. ***
I'm pretty sure almost every coaster name (save the genieric ones like "cyclone") are registered trademarks.
That's what stops you or I from selling Millennium Force or Beast merchandise. It's protecting a concept or idea, etc.
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www.coasterimage.com
Dorney Park visits in 2002: 19
It is usually TM (Trademark), SM (Service Mark), or ® (Registered Mark)
It basically just prevents the same use/reuse by any one person or group as their own. I think it is usually mostly applied directly to whatever certain industry the mark is being used in.
And whi is Millenium Force the only "patented" shall I say Cedar Point coaster name? What if Six Flags Ohio renamed Superman to Wicked Twister?
*** This post was edited by Speedy on 11/24/2002. ***
kRaXLeRidAh said:
Actually CoasterKrazy, they (logos, icons, ride titles) are never "labeled" ©.It is usually TM (Trademark), SM (Service Mark), or ® (Registered Mark)
It basically just prevents the same use/reuse by any one person or group as their own. I think it is usually mostly applied directly to whatever certain industry the mark is being used in.
Ah, I actually know something about this subject. So running your own business does have advantages!
When you think of a name such as for instance "CoasterBuzz", and you decide to open a website, with the name "CoasterBuzz", you are actively using this name. This name is now automatically protected by copyright laws. If someone else calls his coastersite "CoasterBuzz", you have the right to sue them.
This protecting only applies to similar companies / ventures who steal your name. If I where to begin a webdesign company, I am free to use the name "CoasterBuzz".
For extra protection, the (TM), (SM) en ® where 'invented'. You can extra protect your (product)name by registering it. This costs quite a lot of money, but it is relatively safe.
So, if you run a venture called "CoasterBuzz®", and I decide to found a webdesign company called "CoasterBuzz", you get to sue me. So, if De Efteling decides to built a new roller coaster, and call it "Oblivion", Alton Towers gets to sue them, and will win.
What Lord Gonchar says is not completely correct. If you wish to sell your own "CoasterBuzz" merchandising, and "CoasterBuzz" is not a registered deponent, you still can't. All names and imagery are protected by the "intellectual property" laws. Having a registered deponent only makes it easier to actually do something about a person who stole your name.
--Frank
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http://frank.drnk.net/coastin
*** This post was edited by DRNK on 11/24/2002. ***
Interesting informatioin DRNK. So what is the actual difference between TM, SM and R?
And do the automatic, and further copyright laws apply just to the particular country or to the whole world. I remember reading that no other coaster in America could be called Revolution, but there is one in the UK.
Also, there are presumably some duplicate coaster/ride names amongst parks of different chains/owners so what happened there? Does one owner contact the other and ask to use the name?
Okiedokies,
From what I understand, TM and SM are different. (r) is usually used along with the TM to say you have a "registered" trademark. When you apply for a TM or SM there are several categories, 49 I think. If you apply for something in category 1-30? you get a TM and 31-49 is a SM. (servicemark).
Also, copyrights do not protect names. Many people think they do, but if you try to sue someone because they named their website Coasterbuzz, it wouldn't work as well if you had already owned a TM/SM. But, if you opened a company called Coasterbuzz and you sold saws that were designed to create table coasters for your drinks, you do not stand much of chance as it is a different category # than Coasterbuzz.com
Look a Microsoft. The software giant has their categories registered then every single category not taken by them is used by someone else hoping to make some money.
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"If two coaster trains almost hit each other, why is it called a near miss and not a near hit?"
Mr Rush said:
Interesting informatioin DRNK. So what is the actual difference between TM, SM and R?
And do the automatic, and further copyright laws apply just to the particular country or to the whole world. I remember reading that no other coaster in America could be called Revolution, but there is one in the UK.
Also, there are presumably some duplicate coaster/ride names amongst parks of different chains/owners so what happened there? Does one owner contact the other and ask to use the name?
Well, first I would like to say that my explanation above is completely based on European copyright laws. These might differ somewhat of US copyright laws!
A TM is usely used for a brandname. As Ptboy11 already said, there are various categories. So that is not clearly definable. You best contact you local lawyer on this. :)
Well, in theory, copyright laws apply to the entire world. There are several exceptions though. Revolution is one of them. You see, Revolution is both a normal English word, and the name of a roller coaster. Therefore, it is very hard to protect such a name.
Let's use a little example. There is rather famous singer who calls himself Sting. He does not own the domainname www.sting.com so he sues the current owner. The court dismisses his case, because "sting" is a normal English word, and can therefore not be claimed because it is registered as a trademark.
So the name Revolution - or Colossos - can be used for as many coasters as you like. So, even though a name is a registered trademark does not mean that it can't be used by anyone else. This may all seem a bit complicated, but that's what we've got lawyers for! :)
Some complicated points of attention are among others: conflict of interest, jurisdiction, native use, and so on. This is too much for me to explain, I don't know all the ins and outs of it either. My lawyer does, but I dare not bother him once more with a coaster-related question. :)
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http://frank.drnk.net/coastin
DRNK said:
What Lord Gonchar says is not completely correct. If you wish to sell your own "CoasterBuzz" merchandising, and "CoasterBuzz" is not a registered deponent, you still can't. All names and imagery are protected by the "intellectual property" laws. Having a registered deponent only makes it easier to actually do something about a person who stole your name.
Actually what I said is getting into a gray area with trademarks, copyright, service marks, etc. Sure you'd most likely be protected by intellectual property laws but you're required to register your mark for different classes of goods. Take Millennium Force for example:
http://tess.uspto.gov/bin/showfield?f=doc&state=i22ku7.2.3
Look how many different trademarks were issued to Cedar Fair for the name/logo of Millennium Force. Six. One for each type of use. Without those it may be a bit harder for them to fight my selling Millennium Force merchandise in a booth at the end of the CP Causeway. Sure they'd still win a legal battle but with these registered marks there's not a question. That's more along the lines of what I meant.
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www.coasterimage.com
Dorney Park visits in 2002: 19
crash said:
I belive at cedar point Raptor, Mantis, Magnum, Wicked Twister and Millennium Force are all either registered of trade marks of cedar fair.
Wicked Twister's not, and I don't think Magnum is, but I'm not sure.
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:)
US trademark law probably isn't that different from most other countries, due to some treaties I believe we're in on.
First off, a trademark need not be registered with the USPTO to lay claim to it. It's easier to defend if you register it, but it isn't required. The rule is basically about similar products with the same name, where use of something similar could cause "confusion in the marketplace," but case law suggests that the courts often will side with the trademark owner for anything that sounds unique. "CoasterBuzz" is pretty unique, so pretty much any rip-off of that would probably get you sued and I'd win. "Raptor" would stand for another company naming a coaster that, but as you know it's fair game for dinosaurs, jets, and other non-related things, as it's a pretty basic word.
I'm in the home stretch for CliqueSite®, which took me more than a year to register. It's the name I'm branding my various for-sale items with.
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Jeff - Webmaster/Admin - CoasterBuzz.com - Sillynonsense.com
"Climbing as we fall, we dare to hold on to our fate, and steal away our destiny to catch ourselves with quiet grace" - The Stairs, INXS
Jeff said:
First off, a trademark need not be registered with the USPTO to lay claim to it. It's easier to defend if you register it, but it isn't required.
Well, in Holland, it is. Actually if you use the name CoasterBuzz(tm) and CoasterBuzz is not a registered trademark, charges can be pressed against you. This is illegal in most of Europe. So beware!
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http://frank.drnk.net/coastin
*** This post was edited by DRNK on 11/25/2002. ***
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"To get inside this head of mine, would take a monkey-wrench, and a lot of wine" Res How I Do
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