Jump to content

Kentucky Kingdom


Recommended Posts

I am not an expert in trademark law, but KK's Facebook page photos has Storm Chaser with the Ā™.

Ā 

Adventureland does not have this Ā™ and calls their giant swing The Storm Chaser.

Ā 

I'd assume the Ā™ is for the name of the roller coaster, but maybe it is for the logo?Ā  Will be interesting to see how this plays out, or if it really is an issue.

  • Like 1
Link to comment
Share on other sites

TM means only that the user CLAIMS a trademark. R in a circle is trademark registered.

During the registration process, other users can protest and often stop the registration.

Cribbing a name from another user, unless done with permission, is very unwise, to be kind.

As for permissive use...see Diamondback. And Diamond Back.

  • Like 6
Link to comment
Share on other sites

It does not appear that Adventureland registered a trademark on the name "Storm Chaser" (there are several trademarks for that name, but none relate to amusement park rides or merchandise like we've seen with Banshee and other things). I would think that a good trademark lawyer would know to search and make sure nobody else was using the term in a similar manner prior to filing the application (given that doing so would ultimately save the business a lot of time and money in the long run), so it's likely Hart filed the mark himself (or one of his buddies did).

Ā 

Now, whether the USPTO will approve the registration if Adventureland doesn't protest it is anyone's guess. This is after all the same agency that has allowed people to patent ridiculously broad ideas, at which point the patent holder tries to extort money out of innocent companies by claiming the company somehow infringes on the patent (look up "patent troll" if you're not familiar with this concept). Hopefully the folks at the USPTO will have enough sense to search and see if anyone else is using the mark before approving it. Otherwise, things could get ugly.

  • Like 3
Link to comment
Share on other sites

Yes, but registration is typically done to prevent others from using the same name in the same or similar context. CF wouldn't like it if someone else built a ride and called it Banshee. What happens if the registration goes through and Hart finds Adventureland with a ride called Storm Chaser? You have to defend your trademark or you could lose it.

  • Like 2
Link to comment
Share on other sites

Like I said I am no expert, just looking at the info presented.Ā  Adventureland has a swing ride named The Storm Chaser.Ā  Kentucky Kingdom is opening a roller coaster named Storm Chaser.Ā  KK has the Ā™; AL does not.Ā  Not being in the same geographic area and not being the same type of ride; I am doubtful there will be any problem.Ā  But if there is, there are folks that can handle it.Ā  I just want to ride the coaster!

  • Like 3
Link to comment
Share on other sites

Yes, there are "folks who can handle it."

Folks who will cost money and cause distraction from the task of running the park.

Almost like having to pay out more for litigation settlements because the two Eds in the company just HAD to bluster at those who filed injury suits that they were committing fraud. Immediately after saying the park cannot comment on pending litigation Then quietly had to pay far more to settle--hush money?

A nickel here, a nickel there. A day here, a week there, months over there.

All diversions and distractions from running the park--all divert from investing in Kentucky Kingdom.

By the way, in some cases, the remedy for trademark infringement can be the removal of offending goods from the marketplace. Rarely done, it can be...

  • Like 6
Link to comment
Share on other sites

The pictures I have seen show that the ride has steel track, steel ledgers and metal bents.Ā  Mr. Mulcahy ( I think) had stated that it would have wood ledgers, but RMC corrected that via the Facebook discussion that and the pictures back this up.Ā  Therefore, I, in my limited knowledgebase, classify this as a steel coaster.Ā  Or a plastic coaster if I follow Jeff Gramke's line of thinking.

  • Like 3
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...