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Castaway Bay name..is it a trademark or copyright?

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December 26, 2007, 5:03P

Castaway Bay name..is it a trademark or copyright?

Check out this link . The Castaway Bay pool area certainly confused me for a second. It is a new name for the water play area at this hotel. If it is a trademark name for Cedar Fair, doesn't this infringe because of the national recognition of the Cedar Fair name and its parks?


Blue people fly sideways when it rains

December 26, 2007, 5:13P

Re: Castaway Bay name..is it a trademark or copyright?

I'm not completely sure, and IANAL, but...is it possible that Ramada may be trying to take advantage of the fact that the old Ramada hotel is now Castaway Bay, in an effort to draw in customers with the linking of Ramada to Cedar Point, to Castaway Bay? Possible, yes. Purposeful use for consumer confusion? More than likely. Infringing? We'll have to wait and see.


Blue Streak crew 2007
ATL Matterhorn Tri. 2008
Three things you need to fix anything in the universe: duct tape, WD-40, and a hammer. Duct tape if it moves and it shouldn't, WD-40 if it doesn't move and should, and the hammer as the last resort.

December 26, 2007, 8:33P

Re: Castaway Bay name..is it a trademark or copyright?

Who would want to go there when they could just go pig out and drink beer at the attached "Old Chicago?"

I never even knew they had a pool area called Castaway Bay. The hotel has recently been remodeled as have many in the 28th St area and looks pretty nice. I have no reason to stay there since I live here so I couldn't say much more about it.


-Matt
2001 Magnum Crew
2003 Magnum Crew
2004 Magnum ATL

December 26, 2007, 9:06P

Re: Castaway Bay name..is it a trademark or copyright?

Nothing like having a place that rewards you for drinking beer.
I'm almost halfway through my first tour.


Goodbye MrScott

John

Goodbye George. You will be missed.

December 26, 2007, 10:14P

Re: Castaway Bay name..is it a trademark or copyright?

There's a major difference between a copyright and a trademark. A trademark, by the U.S. Government's definition is


A trademark includes any word, name, symbol, or device, or any combination used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.

...whereas a copyright is...

Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works, including literary, dramatic, musical, and artistic works, such as poetry, novels, movies songs, computer software and architecture. (Generally, content.)

A copyright does not cover facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.


With that being said, Castaway Bay is a trademark. If you look further into Ramada's website, they advertise the waterpark as Ramada Plaza Water Park... or is this a different area of the hotel? My guess is that Ramada either had the area named that prior to Castaway Bay's opening, are unaware of the similar name, or have an agreement with the park.

Last edited by DBCP, December 26, 2007, 11:33P
December 26, 2007, 10:56P

Re: Castaway Bay name..is it a trademark or copyright?

Besides it wasn't a Ramada, it was a Radisson.


Future CP riders born August 26, 2004: Luke and Logan Cameron!
Another future CP rider born February 28, 2007: Kyle Cameron!
Camper Village/Lighthouse Point Front Desk 2004

January 10, 2008, 11:38P

Re: Castaway Bay name..is it a trademark or copyright?

I stayed at CB for New Years and showed them this thread. The manager thought it was interesting and they are going to have it looked into.

January 11, 2008, 12:55A

Re: Castaway Bay name..is it a trademark or copyright?

Scott Cameron said:
Besides it wasn't a Ramada, it was a Radisson.

Haha, yeah...my bad. Two hotel chains I don't see much of anymore. I guess I get confused easily these days. You could probably tell me Lake Erie is the Atlantic Ocean and I'd believe you...oh, wait, nevermind, I take my mind with me when I go places.


Blue Streak crew 2007
ATL Matterhorn Tri. 2008
Three things you need to fix anything in the universe: duct tape, WD-40, and a hammer. Duct tape if it moves and it shouldn't, WD-40 if it doesn't move and should, and the hammer as the last resort.

January 11, 2008, 6:32A

Re: Castaway Bay name..is it a trademark or copyright?

Pigging out at Old Chicago with Matt for the win!

Last edited by bholcomb, January 11, 2008, 6:33A

Ben Holcomb
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January 11, 2008, 11:34P

Re: Castaway Bay name..is it a trademark or copyright?

Was that Ramada an old Holiday Inn? looks like it.


RIP MR.SCOTT The ONLY MAYOR OF LIGHTHOUSE

January 14, 2008, 11:48A

Re: Castaway Bay name..is it a trademark or copyright?

Maybe both places (CP & GR Ramada) have licensed the use of the name from the trademark owner. There is a very good likelihood that someone else owned the name first.

January 14, 2008, 12:16P

Re: Castaway Bay name..is it a trademark or copyright?

It's not hard to look this stuff up. Cedar Fair owns the trademark for "Castaway Bay."

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=76544910


Jeff - Advocate of Great Great Tunnels™ - Co-Webmaster - PointBuzz - My Blog

January 14, 2008, 2:16P

Re: Castaway Bay name..is it a trademark or copyright?

It's a good tradmark, and a good play on words

Leave it up to me to kill what was thought of as original ideas

~Rob Willi

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