So What's Coming to the New Pleasure Island?

[Jason71]

I believe the issue is that the two businesses are in direct competition with each other so they are more sensitive to intellectual property. It would be like Univeral introducing Macky and Millie Mouse, Goofball, Pluton and Dan the Canadian Goose. For their part, Disney is rather aggressive about going after anyone that either uses their image or infringes on it so I cant see them riding the coattails on a competitor's idea. Really isnt anything to be gained by it anyway.

Regardless, dont want to turn this into a thread about copyrigh laws and how far Disney could go with the wizard idea as it's far more likely they rent out the space for someone that wishes to utilize the concept anyway. When the Weasley's open their joke shop in DTD, they can fight Universals corporate lawyers!

It's actually not "copyright" law that would be at issue here (doubt Schussler would be dumb enough to directly rip off characters/names), it's a closely related legal principle called "trade dress." And it's a nebulous area, particularly with restaurants. One taco place succeeded in suing another for copying their "look" and "feel", but the parent company of Orlando Alehouse and Hooters have had no luck suing people who basically cloned their restaurants (anyone who has been in a Winghouse can tell it's pretty clearly a Hooters clone, but the court let is slide).

Hard to say if a Universal lawsuit against Schussler would work considering neither spot has even opened yet. It would come down to the details, and both sides would probably end up with pretty hefty legal bills. But there's no question Disney has a history of opening attractions that closely mimic other attractions in the greater Orlando area (PI/Church St. Station, Living Seas/Sea World, MGM/Universal, AK/BG...).

 

[KINGBOBOFTHENORTH]

Hooters have had no luck suing people who basically cloned their restaurants (anyone who has been in a Winghouse can tell it's pretty clearly a Hooters clone, but the court let is slide).

Winghouse spent a bundle defending itself in this case but ultimately won. Don't know if Hooters had to pay their costs and attorney's fees. The concept is exactly the same with a menu based on wings and waitresses based on breasts and thighs!

BobK/Orlando

 

[LuluLovesDisney]

No, nothing to discuss unless you want to discuss if Landry's will be opening another themed restaurant or if Coach will be opening a store. Besides, it's no longer Pleasure Island, it's being renamed, "Retailers Island".

The new backstory will be that a large conglomerate came in and bought out the Merriweather family so they could develop the area into a strip mall.

They should engrave that on a plaque and display it at the entrance.

 

[yitbos96bb]

Well you may be right about the Jungle Cafe example I gave. It was too much of a copycat. But Schussler's concept already exists as a concept and that predates any restaurant Universal might open in the Harry Potter attraction. So who would be copying who? I think there would be legal room for both. And let's not forget that the mere filing of a lawsuit with allegations of copyright imfringement does not mean the suit actually has any merit. We hear a lot more about suits being filed than we ever do about what becomes of them. But your points are well-taken.

BobK/Orlando

Actually Bob, you were probably more right in the first place... There are restaurants that copy each others themes all the time without any issues at all. Look at chains like Showbiz Pizza and Chuck E Cheese back in the day. A lot of would depend on how you did the menu, location and etc, but Angel is simplfying it way too much in saying that it would be infringement. Of course they might threaten to sue, knowing they'd lose, but try to drive you out of business with legal costs. Either way, it's not so simple that they could stop you from having a jungle themed animatronic restaurant. NOW, were you to do a Rain forest animatronic themed restaurant called Brazilian Bistro or something, THAT would more likely cause some issues... Although I have my doubts RFC would win to be honest...However, in your example jungle is not the rainforest and in the CORRS and COORS example, its because the name was similar and COORS could make an argument that they were capitalizing on their name... That argument can't be made for your Jungle THemed restaurant concept.

Or look at it this way... Medieval Manor vs Medieval Times vs the other various medieval dinner shows... Those are all pretty close, but both still run and operate. If a copyright case was makable, I'd bet one would have sued by now.

 

[yitbos96bb]

It's actually not "copyright" law that would be at issue here (doubt Schussler would be dumb enough to directly rip off characters/names), it's a closely related legal principle called "trade dress." And it's a nebulous area, particularly with restaurants. One taco place succeeded in suing another for copying their "look" and "feel", but the parent company of Orlando Alehouse and Hooters have had no luck suing people who basically cloned their restaurants (anyone who has been in a Winghouse can tell it's pretty clearly a Hooters clone, but the court let is slide).

Hard to say if a Universal lawsuit against Schussler would work considering neither spot has even opened yet. It would come down to the details, and both sides would probably end up with pretty hefty legal bills. But there's no question Disney has a history of opening attractions that closely mimic other attractions in the greater Orlando area (PI/Church St. Station, Living Seas/Sea World, MGM/Universal, AK/BG...).

To be accurate, MGM opened a year before Universal Orlando... it was just announced after Universal made their announcement.

 

[KINGBOBOFTHENORTH]

Of course they might threaten to sue, knowing they'd lose, but try to drive you out of business with legal costs.

The courts very much frown on economic giants filing tenuous lawsuits against parties just to drive them out of business with legal expenses. Giants have to be very careful going down that road because they face huge punitive damages in the countersuit.

If a copyright case was makable, I'd bet one would have sued by now.

In that case I will proceed with my railroad-themed 70's/80's nighclub to be called 8TRACKS!

BobK/Orlando

 

[yitbos96bb]

The courts very much frown on economic giants filing tenuous lawsuits against parties just to drive them out of business with legal expenses. Giants have to be very careful going down that road because they face huge punitive damages in the countersuit.




In that case I will proceed with my railroad-themed 70's/80's nighclub to be called 8TRACKS!

BobK/Orlando

Threatening to sue you and actually filing suit are two very different things. Sometimes a Cease and Desist letter will do wonders. And truthfully, I doubt any court would call a suit like that frivilous, even if it was most assuredly a loser.

 

[CanadianGuy]

So this is what Pleasure Island will be reduced to.. threats of copyright/trademark infringement and no bars and clubs.



K

 

[zulemara]

I'm tellin ya, a few million and I'll be more than happy to reopen CSS featuring Club Steam and Bell Bottoms and Tops! May as well throw in comedy where? house too!

 

[ConcKahuna]

...and Bell Bottoms and Tops!

Is that the 70's gay bar?

 

[zulemara]

Is that the 70's gay bar?

It's 8-trax with a clever name Not specifically gay though

 

[doconeill]

In a bit of twisted irony, my Disney Insider "Do You Know Disney?" email question of the week was, "What is celebrated every night on Pleasure Island?"

Of course, the first word out of my mouth was, "Nothing!"...but they still seem to think the answer is, "New Years Eve"...

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[KINGBOBOFTHENORTH]

In a bit of twisted irony, my Disney Insider "Do You Know Disney?" email question of the week was, "What is celebrated every night on Pleasure Island?" Of course, the first word out of my mouth was, "Nothing!"...but they still seem to think the answer is, "New Years Eve"...

Well I hope you straighten them out because you obviously know more than they do. The correct answer is indeed: Nothing!

BobK/Orlando

 

[doconeill]

Well I hope you straighten them out because you obviously know more than they do. The correct answer is indeed: Nothing!

BobK/Orlando

If there was a way to contact them, I would set them straight!

They stopped the NYE stuff back in 2005 or 2006, for Mickey's sake!

 

[KINGBOBOFTHENORTH]

Island sources tell me that the tiki-hut drink and popcorn kiosk is going to me moving "downhill" in the near future, and enlarged. It is currently located outside Adventurers Club. Stage Pizza has already closed and disappeared.

Makes sense....it sure can't stay where it's at during the AC demolition!

BobK/Orlando

 

[zulemara]

Island sources tell me that the tiki-hut drink and popcorn kiosk is going to me moving "downhill" in the near future, and enlarged. It is currently located outside Adventurers Club. Stage Pizza has already closed and disappeared.

Makes sense....it sure can't stay where it's at during the AC demolition!

BobK/Orlando

where the hell r they gonna put it where it can be enlarged? My only thought is where the funmeister is by Motion, but no one walks over there so that would be dumb. Then again, they don't do anything that makes sense. I will be checking out the island on Tuesday.

 

[Jason71]

For what it's worth, they were rolling in some big equipment Friday night at 2:00 a.m. Something must be underway. Very odd that they keep the entire Island open and unobstructed just for tiny little Fuego (which admittedly was still packed).

 

[zulemara]

For what it's worth, they were rolling in some big equipment Friday night at 2:00 a.m. Something must be underway. Very odd that they keep the entire Island open and unobstructed just for tiny little Fuego (which admittedly was still packed).

as in this last Friday? Crap!

 

[KINGBOBOFTHENORTH]

For what it's worth, they were rolling in some big equipment Friday night at 2:00 a.m. Something must be underway.

I was there earlier Friday night but nothing was going on.
Save Pleasure Island reporters are on the island now checking things out! If there is anything to see, will have photos on the Save Pleasure Island blog this evening. Thanks!

UPDATE: Our reporters did not find any equipment on the Island this afternoon. It's possible they came in at 2am, did something, then departed. Reporter Zulemara will weigh-in later.
BobK/Orlando

 

[zulemara]

the equipment is gone, so whatever they were doing, I would speculate was prep work of some kind. Most of the stuff we saw was just speculative things that might or might not have been there before. I'll send pics to bob, but I don't really expect anything major to come out of the pics. That said, we will keep a closer eye on the island now. I will be there again tomorrow to see avatar.