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- Jun 3, 2000
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.
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.
