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Trademark Infringment - Heartstoppers Haunted House

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  • #16
    Not to cause any problems but on the CA's Heartstoppers Haunt website http://scaredyou.com/ it says they have been haunting in the same location for 11 years. Maybe you "stole" their name.
    It is such a small industry you are bound to find overlappings somewhere.
    www.HauntGraphics.com

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    • #17
      Just for info...Before this year, their name was Horror Fest-Evil.

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      • #18
        Haunted Houses becomeing too unique and running out of ideas?!? wont happen. Art will never all of a sudden have no more ideas for us.

        Heartstoppers -

        Thats a great name...defend it.

        If you cant beat it, then change your name or just be a better, badder heartstoppers haunted house than them.

        I used to be The Haunted Manor, and changed it to The Haunted Manner because of all the manors around. Maybe I should hurry up and trademark my name!
        my yellow in this case is not so mellow, infact I'm tryin to say, its frightened like me

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        • #19
          Of course have multiple haunts and make more money,
          "The Infected Dripping Bladder" could be next to "The Exploding Bowel", right across from "The Punctured Screaming Eardrum".
          Then fool everybody by having no body parts in them at all!

          I still like (after all these years) "Doctor Eval Bludfeast's House of the Ultimate Satanick Jr. Leeches" (Voted "Suckiest!")
          It kind of grows on you after awhile, then you notice how the whole name begins to smoothly just rolllllll off your tongue.......
          hauntedravensgrin.com

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          • #20
            Originally posted by AcoreMANNER
            Haunted Houses becomeing too unique and running out of ideas?!? wont happen. Art will never all of a sudden have no more ideas for us.
            I didn't say we will run out of ideas. But, only so many people find good ideas, everyone else usually emulates them until a newer better idea is formed. No matter how rapid an industry is expanding there will always be copycats ( wether they know it or not).

            Originally posted by AcoreMANNER
            I used to be The Haunted Manor, and changed it to The Haunted Manner because of all the manors around. Maybe I should hurry up and trademark my name!
            What does Haunted Manner mean? lol, at first I just thought you might have misspelled manor, lol. If it is a play on words it went right over my head (this happens when you see eveyone else using Manor!)
            PH
            www.HauntGraphics.com

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            • #21
              I am changing the name of my haunt to:

              The Haunted Ravens Grin of Horrors in the Darkness of a Fright Factory next to a Barn of Terror where the Silo X marks the spot of a Carnival of Fear on the Psycho Path where the Headless Horseman rides in 3D.

              How does that sound?

              Howie "Slobber" Erlich
              Deadly Intentions Haunted House
              www.deadlyintentionshaunt.com
              Chris Riehl
              Sales@spookyfinder.com
              (586)209-6935
              www.spookyfinder.com

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              • #22
                You're just trying to rip off the name of MY HAUNT.

                Our name is Pirates of the Haunted Ravens Grin of Horrors in the Darkness of a Fright Factory next to a Barn of Terror where the Silo X marks the spot of a Carnival of Fear on the Psycho Path where the Headless Horseman rides in 3D.

                I am SOOOOO gonna sue you!
                Guerilla Haunter

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                • #23
                  Great...another serious topic getting reduced to jokes...

                  Why don't haunted houses care about infringment?

                  Not a "real" industry? It's just for "fun"?
                  Its only a month out of the year so it's not worth sueing?
                  Used to doing what you want and getting away with it?
                  Everyone else does it...or you just don't care?

                  The IRS finally caught up with Haunted Houses...maybe
                  it's time the rest of the business legalities caught up too!

                  HEARTSTOPPERS

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                  • #24
                    Speaking of jokes...

                    Have you contacted a lawyer yet?
                    Guerilla Haunter

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                    • #25
                      Well I think it did pretty good, and the majority of the people here gave you pretty decent ideas that you could try to get this done...

                      It's up to you now to see whether or not you can actually make it happen. When things get bad sometimes making light of them can be just what it takes to make it through.

                      Some people have more fun with things than others, at least they are still enjoying themselves.

                      I do believe as long as this topic has been opened you have probably got about as much useful information as you are going to get out of it, so if someone trys to lighten the mood for everyone else, just check it and go on... You have a lot of work to do anyways... Smile, Laugh, crack a joke...

                      You'd be amazed how far it can get you.

                      Good luck trying to get this issue resolved, I think you will probably need it.

                      Originally posted by HEARTSTOPPERS
                      Great...another serious topic getting reduced to jokes...

                      Why don't haunted houses care about infringment?

                      Not a "real" industry? It's just for "fun"?
                      Its only a month out of the year so it's not worth sueing?
                      Used to doing what you want and getting away with it?
                      Everyone else does it...or you just don't care?

                      The IRS finally caught up with Haunted Houses...maybe
                      it's time the rest of the business legalities caught up too!

                      HEARTSTOPPERS

                      Comment


                      • #26
                        There are a few things that can provent any action. First if you file a DBA (doing business as) that business name is only protected in your county. If you file a corporation that name is protected from others in the same state. You would have to have a Trade Mark on the name/style to get protection that covers the US. There are many ways to get around these systems which suck for us because even a TM the name has to be the same name using the exact font etc. in order to file againts them.

                        Good Luck and let us know.

                        I know they are saying it is a home haunt but many pro haunts had started as a small home haunt, and being a home haunt they should have stoped using the name from your original email seeing they have not that leaves me to wounder their intention and I personaly would pursue it.

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                        • #27
                          For the readers...

                          First off, I’d like to acknowledge the views this post is receiving
                          and thank you for taking the time to look. I have been rather busy
                          between my full time swing shift job and my seasonal retail business
                          and apologize for the lack of follow-up on this topic lately.

                          I finally received a reply to my cease and desist letter once this topic
                          showed up in the top ten hits on Google for a search of Heartstoppers
                          Haunted House.

                          I have contacted an attorney in California and will be making some
                          choices in the next week about how to proceed.

                          Thank you, HEARTSTOPPERS

                          Comment


                          • #28
                            Hi Heartstoppers.

                            that was GREAT information that they had changed their name to yours recently. That would be a prior use, and it is seasy to show that you have used HEartstoppers in the prior IAHA telephone directories.

                            In using it as a business name, did you trademark it? Please tell me you did. I finally got the approval for Nightmare Park for me, waiting on the certificate or whatever to show up. 250 bucks to start, 100 after for the challenge. That will help determine the strength of your case there.

                            am glad you are looking into the legal remedy side of it all. Let us all know, fingers crossed here...
                            The word for the day is NPD. Check it out.

                            Comment


                            • #29
                              I suppose it can get all the more competitive if similar huants operate in the same catchment area.

                              As for copying or stealing ideas I would bet that most of us are guilty of that. When I watched the ticket chop on hostel (the dungeon) I made a mini guilatine with a 'blood quirter' and that is what we are doing this year. Last year it was somthing else.

                              I know that we have our imitators as well. But that is what keeps us looking for new ideas on how to put a new twist on it.

                              Not that without competition we would keep things the same but with competition we get a little more fired up!!

                              Luckily for us we don't have anyone around using our moniker.

                              Comment


                              • #30
                                A guy with a big black moustache once borrowed my moniker, after being strapped to the organ grinder all day he was brought back in a real cranky mood!
                                Didn't even want to touch his bananas!
                                hauntedravensgrin.com

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