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Park Law
www.parkworld-online.com
the trade name and the use of registration of a infringing competitor, with potentially unsatisfactory results.
distinguishing trademark.
About the authors
When choosing a trademark, we highly recommend What It Means To You Heather Eichenbaum and Tim
a careful and thorough trademark search with a written Now, understanding some of the issues surrounding Szuhaj are attorneys with Spector
explanation of the scope and results of the search. At a trademarks, what use are they to you, the typical
Gadon & Rosen PC, practicing in
minimum, such reports should include the scope of the amusement venue? Each ride at your park may be
Pennsylvania and New Jersey. Ms
search, the relevant results, and the possible problems named with a catchy title that is used in your
Eichenbaum concentrates her
the proposed mark may have from a registration and advertising. The last thing you want is another park
practice in defending amusement
and recreation venues, including
third party claims perspective. The decision to pursue
TM
opening a ride with the same or confusingly similar
theme parks and waterparks, as
registration is left to the business judgement of the name, whether it is an identical ride, an inferior ride,
well as providing frequent
potential applicants. or, perhaps worst, an even better ride. The answer is to
training. She is national legal
There is a vast array of variables affecting availability obtain a trademark registration associated with that
counsel to NAARSO and a
and many strategies for addressing each. Consulting a ride, if the mark is available. The same may apply to member of, amongst others,
trademark lawyer is essential for the business owner to seasonal events, such as Halloween celebrations. IAAPA, NJAA, OABA and IISF.
gain an understanding of these variables and options. You may offer food items, themed or somehow
Mr Szuhaj concentrates his
Moreover, one must be careful to use only an geared toward your venue. Again, you do not want
practice in domestic and
experienced and insured trademark lawyer. The field of that name “stolen” and used elsewhere. It should be
international intellectual property
intellectual property can be tricky and a single mistake trademarked, if possible. Even a game of chance may
rights and issues and is a member
of American Intellectual Property
can cost a business the exclusive use of its trademark. be suitable for trademark protection. Once again,
Law Association and the
Of course, it should go without saying that simply protecting the game with a valid trademark will ensure
International Trademark
adding the ™ or ® symbol after a term or phrase or that you are the only venue that enjoys the success of
®
Association.
logo does not offer the same protection as an actual that game.
Ms Eichenbaum can be
trademark registration! reached at +1 215 241 8856 or
Amusement businesses that are not aware of these The examples in this article relate to US law and at heichenbaum@lawsgr.com
issues can, at the very least, be unpleasantly surprised practices, but serve as a useful guide in some other
should you need legal assistance
when these issues inevitably arise and, at worst, parts of the world. However, you are advised to seek
or if you have questions you
businesses may have to spend considerable time and professional advice before registering a trademark in
would like to see addressed in
money pursuing registration of a mark, or pursuing an your country.
Park World’s Park Law column.
NOVEMBER 2009
59
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