Jimmy Sues Six Flags

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BoozeInTheBlender
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Post by BoozeInTheBlender »

LIPH wrote:
Big Jimmy wrote:This just makes me totally sick. Its a FRICKING KIDS CLUB.
This coming from someone who was bragging about scalping Hannah Montana tickets.
I couldn't agree more Larry.

Matt, hope to see you in Vegas!!!!!! Maybe we'll have as much fun as we had at the Mac show in Chicago last year. :o :o
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BoozeInTheBlender
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Post by BoozeInTheBlender »

BoozeInTheBlender wrote:
LIPH wrote:
Big Jimmy wrote:This just makes me totally sick. Its a FRICKING KIDS CLUB.
This coming from someone who was bragging about scalping Hannah Montana tickets.
I couldn't agree more Larry.

Matt, hope to see you in Vegas!!!!!! Maybe we'll have as much fun as we had at the Mac show in Chicago last year. :o :o
Oh, I forgot, I shouldn't mess with a "connected" guy. :roll:
To Jolena...

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Is the love that I've found ever since you've been around
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Post by Midnight Flyer »

LIPH wrote:And one last thing ...

To all the people who are ragging on Jimmy and his lawyers for doing this, put yourself in his place. If you had a trademark that held some value, would you let anyone infringe that trademark or would you defend it? Because if you don't defend your trademark every time something like this pops up you could lose it. He, or his lawyers, has to do this. I'd do the same thing if it were me.
Glad you're back from the Islands! I was hoping you'd chime in on this. I appreciate your input. What you say makes sense but still (to my non-legal mind) seems a bit farfetched. Yet as another lawyer friend explained to me, a patent, trademark, copyright, etc. means nothing until it's defended in court. The legal way of pi**ing on your post and marking your territory.

Hope you had fun in the islands! 8)
She was not quite what you would call refined. She was not quite what you would call unrefined. She was the kind of person that keeps a parrot."-MARK TWAIN
ColdWaterConch
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Post by ColdWaterConch »

Interesting....Jimmy (and/or one of his many entities) has trademarked the word "Parrothead", but not "Parrothead Club".

Six Flags has trademarked "Carrothead Club".

http://tess2.uspto.gov/bin/gate.exe?f=s ... 7u6gk1.1.1

You usually fight these things to protect the trademark from dilution, but I just don't see how "Carrothead Club" dilutes the trademark "Parrothead".

JB is reaching, here. And I don't buy the argument that JB probably doesn't know about the suit. Someone has to sign the Complaint, and in the world of JB, the buck stops with him.
"Key West trades in on the name 'Hemingway." You can't take a leak without seeing Hemingway this and Hemingway that. And the irony is, if Hemingway were alive today he'd take a blowtorch to Duvall Street." Hiaasen
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Post by chippewa »

ColdWaterConch wrote:Interesting....Jimmy (and/or one of his many entities) has trademarked the word "Parrothead", but not "Parrothead Club".

Six Flags has trademarked "Carrothead Club".

http://tess2.uspto.gov/bin/gate.exe?f=s ... 7u6gk1.1.1

You usually fight these things to protect the trademark from dilution, but I just don't see how "Carrothead Club" dilutes the trademark "Parrothead".

JB is reaching, here. And I don't buy the argument that JB probably doesn't know about the suit. Someone has to sign the Complaint, and in the world of JB, the buck stops with him.
Interesting search engine. If you search "JB INTELLECTUAL PROPERTY" you'll find they also have trademarked:

If we weren't all crazy, we'd all go insane
fins to the left, fins to the right
blew out my flip flop...stepped on a pop top
parrothead beer (never heard of that one)
volcano nachos
southeast of disorder
southwest of disorder

along with many others.
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Post by GIRLIE »

ColdWaterConch wrote:Interesting....Jimmy (and/or one of his many entities) has trademarked the word "Parrothead", but not "Parrothead Club".

Six Flags has trademarked "Carrothead Club".
"Parrot Head Club" is in fact an active trademark/service mark filed by Buffett. This should be an interesting lawsuit...
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Post by ColdWaterConch »

GIRLIE wrote:
ColdWaterConch wrote:Interesting....Jimmy (and/or one of his many entities) has trademarked the word "Parrothead", but not "Parrothead Club".

Six Flags has trademarked "Carrothead Club".
"Parrot Head Club" is in fact an active trademark/service mark filed by Buffett. This should be an interesting lawsuit...
Yeah, I did not break the two words up. However, he is not claiming a tm to the word "club"

Typed Drawing


--------------------------------------------------------------------------------
Word Mark PARROT HEAD CLUB

Goods and Services IC 025. US 022 039. G & S: CLOTHING, NAMELY, T-SHIRTS, SWEATSHIRTS, HATS[ AND NECKTIES].

FIRST USE: 19851001.

FIRST USE IN COMMERCE: 19851101
IC 016. US 002 005 022 023 029 037 038 050. G & S: PRINTED MATERIALS, NAMELY BUMPER STICKERS , PHOTOGRAPHS, AND NEWSLETTERS PERTAINING TO THE MUSICAL PERFORMER JIMMY BUFFET, HIS CAREER, MUSIC AND TOUR INFORMATION.

FIRST USE: 19851001. FIRST USE IN COMMERCE: 19851101

IC 014. US 002 027 028 050. G & S: WATCHES. FIRST USE: 19851001. FIRST USE IN COMMERCE: 19851101

IC 042. US 100 101. G & S: FAN CLUB SERVICES (PERTAINING TO JIMMY BUFFET). FIRST USE: 19851001. FIRST USE IN COMMERCE: 19851101

Mark Drawing Code (1) TYPED DRAWING
Serial Number 73737491
Filing Date June 30, 1988
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition April 16, 1991
Change In Registration CHANGE IN REGISTRATION HAS OCCURRED
Registration Number 1650089
Registration Date July 9, 1991
Owner (REGISTRANT) MARGARITAVILLE STORE, INC., THE CORPORATION FLORIDA 424-A FLEMING STREET KEY WEST FLORIDA 33040
(LAST LISTED OWNER) JB INTELLECTUAL PROPERTY, LLC LTD LIAB CO DELAWARE 256 WORTH AVENUE, SUITE Q-R PALM BEACH FLORIDA 33480

Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record JUDITH M DRAY
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "CLUB" APART FROM THE MARK AS SHOWN
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20011004.
Renewal 1ST RENEWAL 20011004
Live/Dead Indicator LIVE
"Key West trades in on the name 'Hemingway." You can't take a leak without seeing Hemingway this and Hemingway that. And the irony is, if Hemingway were alive today he'd take a blowtorch to Duvall Street." Hiaasen
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Post by LIPH »

There's a line in the opening post in this thread where a representative from Six Flags says they have no plans to discontinue the Carrot Head Club. Now this is a bit far fetched, but if some company decided to open an adults only resort and called it Sex Flags I wonder how Six Flags would react? After all, who would be foolish enough to think an adults only resort was the same as an amusement park? Their argument is you can't confuse a kids club with a Parrot Head club, use that argument against them.
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Post by Caribbean Soul »

My 2¢...
I first heard about this story on the radio, while traveling.
My first thought was
'What were they thinking?
Why would Six Flag name a kids' program a Parrothead Club?'
When I returned home I read about it.
Only then did I realize it was a Carrothead Club.
I suspect that is the crux of the lawsuit. Sounds waaaaay to similar.
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Post by buffettbride »

LIPH wrote:There's a line in the opening post in this thread where a representative from Six Flags says they have no plans to discontinue the Carrot Head Club. Now this is a bit far fetched, but if some company decided to open an adults only resort and called it Sex Flags I wonder how Six Flags would react? After all, who would be foolish enough to think an adults only resort was the same as an amusement park? Their argument is you can't confuse a kids club with a Parrot Head club, use that argument against them.
You are most definitely a lawyer. :lol:

I had been on the Carrothead side of this lawsuit until that argument.
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Post by jonesbeach10 »

LIPH wrote:There's a line in the opening post in this thread where a representative from Six Flags says they have no plans to discontinue the Carrot Head Club. Now this is a bit far fetched, but if some company decided to open an adults only resort and called it Sex Flags I wonder how Six Flags would react? After all, who would be foolish enough to think an adults only resort was the same as an amusement park? Their argument is you can't confuse a kids club with a Parrot Head club, use that argument against them.
Now there you go agiain with your fancy-schmancy logic. :roll: :P

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Post by chippewa »

LIPH wrote: Now this is a bit far fetched, but if some company decided to open an adults only resort and called it Sex Flags I wonder how Six Flags would react? After all, who would be foolish enough to think an adults only resort was the same as an amusement park?
I'll bet they would have better rides. :D
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Post by ColdWaterConch »

LIPH wrote:There's a line in the opening post in this thread where a representative from Six Flags says they have no plans to discontinue the Carrot Head Club. Now this is a bit far fetched, but if some company decided to open an adults only resort and called it Sex Flags I wonder how Six Flags would react? After all, who would be foolish enough to think an adults only resort was the same as an amusement park? Their argument is you can't confuse a kids club with a Parrot Head club, use that argument against them.
Not quite analogous, I'm sure you would agree. After all, the term "club" has not been trademarked by JB or SF because the term is so widely used. A bit different than appending "Sex" onto the term "Flags".

"Six Flags" is a pretty unique name for an amusement park. Thus appending "sex" of "fix" or anything similar would surely be a dilution of the mark.

"ANYTHING Club" is hardly a unique name for any club. To be sure, you need to name a club a club.
"Key West trades in on the name 'Hemingway." You can't take a leak without seeing Hemingway this and Hemingway that. And the irony is, if Hemingway were alive today he'd take a blowtorch to Duvall Street." Hiaasen
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