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Trademark Infringment - Heartstoppers Haunted House

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  • #31
    I was told by the attorney that, by the time we get an
    injunction for them to stop through the CA legal sytem
    and served, Halloween will be over.

    I'll post the letters soon, but they KNEW I have been using
    Heartstoppers for years. After using "Heartstoppers Consortium"
    as their name for 11 YEARS, they decided its a bad business name!
    Their home haunt was always named something else online!

    So, at this point, they get to use the name because I do not
    have enough time to stop it. If they go PRO next year with the
    name HHH, I can try to go for damages and attempt to shut them
    down, instead of just stopping them from using the name.

    HEARTSTOPPERS

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    • #32
      Did the lawyer say if they continued using "Consortium" ahead of "Heartstoppers" What could be done? Could anything be done then?
      Just curious.......?
      hauntedravensgrin.com

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      • #33
        Heartstoppers,
        Am I missing something here? After reading your posts aren't you an ebay seller with a halloween retail buisness and these other people are a haunted house, a home haunt at that? How is that competition?

        Most of the people who have been responding to this post seem to think this is two haunts fighting over a name, and as far as I can tell its not that at all.

        It seems to me that you are taking this whole thing way to personally... I mean, how can a haunted house in a different state then you, (if it's like my home haunt, that sees maybe 200-300 people every year), going to effect somebody selling brain jello molds and spooky cd's on ebay.
        Being involved in the same holiday is not automaticly competition. If there was a christmas tree lot called 'Happy Elf's Xmas Tree Lot" in Washington and an ebay seller called 'Happy Elf' who sold xmas stuff out of Jersey, how is that competition? Its not.

        Please don't take this all the wrong way, but I think you just got your emotions involved in what is a very tricky area. I do feel for you, thinking you had this cool name and found out somebody else is using a version of it. I had the same thing happen to me about 8 years ago, and trust me unless there is a very clear competition between your buissness, (and generally in the same state) its a long and very tricky battle that usually resolves nothing.

        My thoughts would be to contact the haunted house and see if you guys can work together, maybe you can help each other, seems much more productive (and cheeper) in the long run!
        Heartstoppers
        Haunted House

        Sacramento, CA

        www.scaredyou.com

        www.fb.com/heartstoppers
        www.twitter.com/heartstoppershh

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        • #34
          So Wut Yoo talkn Terminal? Anti-Lawyer Talk?
          hauntedravensgrin.com

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