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Disney Sued Again

Lord Alfred

Member
Originally posted by FutureCEO
Over the name of California Adventure

Well, one can only hope that if they are forced to change the name they will go ahead and change the theme as well! :lol:

One can hope....
 

TURKEY

New Member
Originally posted by AliciaLuvzDizne


this link didnt work for me... do you think you could just give me the gist of why they are being sued over the name?


Link isn't working for me either. Can you copy and paste the article?
 

FutureCEO

Well-Known Member
Original Poster
Warrin' over California
Lawsuit: Map maker that says it owns the name California Adventure sues Disney, which sues back over the use of Disneyland's logo on a tourist map.
By MICHELE HIMMELBERG
The Orange County Register

What's in a name?

In the case of California Adventure, those which we call a trademark dispute and a federal lawsuit.

World Impressions, a small company in Tracyton, Wash., says it claimed the name California Adventure in 1986, when it began making a map that features tourist attractions. That was 15 years before the Anaheim theme park opened with the name Disney's California Adventure.

World Impressions wants Disney to abandon the name immediately, and it's waiting for a federal court in Illinois to decide who owns what. World Impressions originally sued McDonald's Corp. for using California Adventure on a promotional item connected with Disney. No monetary damages have been set in the lawsuit.

Disney attorneys say it's an "ill-conceived and baseless lawsuit" because the two companies work in completely different businesses: theme parks and advertising. But Robert Sherby, owner of World Impressions, contends that Disney most certainly is in the advertising business - promoting its parks.

Disney also says its name is distinct: Disney's California Adventure.

But Sherby says it often drops the word "Disney," or publications don't use "Disney," making the name so similar that it has confused his customers. When he began selling ads for an updated map last year, other attractions declined, saying they didn't want to be included on a "Disney product."

Sherby says he asked Disney last year to use some other name, claiming it is his. Disney says it never received the e-mail Sherby says he sent to its Web site.

The two also are squabbling over the use of the Disneyland name.

Sherby's California Adventure map shows the locations of many tourist attractions, many with their stylized logos, including Disneyland's classic script and castle logo. That's permissible, he says, under the so-called fair-use doctrine that allows the use of a name for information purposes.

Disney doesn't see it that way, and it has sued World Impressions, alleging that it used its name illegally. Disney filed that suit shortly after Sherby sued over the use of California Adventure.

"All I did was use their name to show their location, and that's fair use,'' Sherby said. "And they let me do it for 16 years, giving them free advertising, until they suddenly decided to sue me.''

But Disney spokesman Ray Gomez said, "We believe we have been harmed by the plaintiff's use of the Disney logo and trademark.''

Motions in the case are scheduled to be heard this month.
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They made a whole new website
 

jmarc63

New Member
Humm Interisting!

One thing about this article I want to comment on is the quote from Robert Sherby. He contends that "Disney most certainly is in the advertising business - promoting its parks."

Well based on that then every business from the local hot dog stand to a large insurance company like Allstate then is in the advertising business. It is absurd, what bussiness isn't going to promote it's self. That is absured, that if you promote your bussiness your in advertising. Advertising is not a core business at Disney althou they do advertise they hire an outside firm to do the compaign. That is not to say that Disney may or may not have an internal advertising department to come up with concepts and themes. I know that when I worked for Kraft that they had an internal Advertising department working on concepts but used an outsourced firm like Leo Burnett and a second that I can't recall at the moment to do the acual advertising campagins and buy time and space for the advertising. But it was not the core Bussiness. so Mr Sherby saying that there lible due to the fact that they promote the Companys businness' is absurd
 

JLW11Hi

Well-Known Member
Originally posted by FutureCEO
"All I did was use their name to show their location, and that's fair use,'' Sherby said. "And they let me do it for 16 years, giving them free advertising, until they suddenly decided to sue me.''

Gee, I wonder how the folks at Disney ever found out about you? Mabey when you sued them first? :lol:

But seriously, legally the Disney in front of the name should make it legal. I can understand when people get mad at others for using their trademarks when they are more original, rare names (like Kellogs, Disney, Compaq.....names that you dont see anywhere else)

But when you look at the title "California Adventure", they are 2 seperate, common words, that can be used together often even when not involving the park or the maps.

Now if the guy's title was "Epcot Inc.", then I'd start taking action :lol:
 

homer424

New Member
It sounds like he sued Mcdonalds and then found out about the theme park. If he is in the mapmaking business for Tourist attractions in California shouldn't he have known about DCA? I am a bit confused by that!:veryconfu

can someone clarify this for me?

Donna
 

jmarc63

New Member
Originally posted by JLW11Hi

Now if the guy's title was "Epcot Inc.", then I'd start taking action :lol:

Acually there is a company that consults for the chemical manufacturing industry by that name based in Peper Pike ohio . I discovered it last year while searching for EPCOT related sites.

also while reseraching this posting I found an other site based in the UK that manufactures tanning equiptment for the leisure industry and a computer periferals manufactur in denmark
 

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