Phantasialand | F. L. Y. | Vekoma Launched Flying Coaster | 2020
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- Start date
CSLKennyNI
Giga Poster
Plot twist! Some surprising developments today...
http://euipo.europa.eu/eSearch/#details/trademarks/016873135
The 2 companies who opposed the trademark have had their proceedings suspended...
So not quite sure what happens next. But does it mean they can now trademark F.L.Y. after all?
http://euipo.europa.eu/eSearch/#details/trademarks/016873135
The 2 companies who opposed the trademark have had their proceedings suspended...
So not quite sure what happens next. But does it mean they can now trademark F.L.Y. after all?
Fluorineer
Mega Poster
I'm not convinced, I think this just means that Phantasialand has withdrawn the application to trademark F.L.Y., and as a result of that, the oppositions have been suspended since there is nothing to oppose against anymore ("suspended" in a sense of the issue has been solved extrajudicially).
CSLKennyNI
Giga Poster
^ Yeah that seems quite possible actually. Two new notices of 'Suspension of proceedings' correspondence have just appeared - directed at the applicant (Phantasialand) now.
So R.I.P. F.L.Y.??
EDIT: Update!
On PhantaFriends.de @Schlussbremse has explained the details of the refusal on the website.
"The brand F.L.Y. can not be protected because it has "insufficient distinctiveness" according to UMV Article 7 1 b).
In essence: rejected because, according to the Authority's interpretation, it is basically trying to enter a word mark in the general English word for flying.
Excerpt from the reason:
Quote
The mark applied for consists of the English expression "F.L.Y.". The fact that there is a dot between the letters is not enough to make the character distinctive. Typographical symbols such as dot, comma, semicolon, quotation marks or exclamation marks are not perceived by the public as a mark of origin. Consumers perceive it as a sign that should attract their attention, but not as a sign that points to the company's origin. This separate spelling of the letters "F.L.Y." also does not change the descriptive character of the sign, since it does not change the meaning of the word; Nor does it require any mental effort on the part of the consumer to establish an immediate and immediate connection with the term to which they refer.
The term "fly" means: "transport in an aircraft; Move or be hurried quickly through the air; move through the air using wings ". (Information from the Oxford Online Dictionary, retrieved on 15/11/2018 at https://en.oxforddictionaries.com/definition/fly).
(...)
Since the sign has a clear descriptive meaning, it is devoid of any distinctive character and therefore can not be registered under Article 7 (1) (b) CTMR, since it is unable to fulfil the essential function of a trade mark: To distinguish a company's services from those of its competitors."
So yeah F.L.Y. is dead. Can't see a way around that other than a name change at this stage, given its importance they won't keep a brand name they don't own. Intrigued to see what happens now.
So R.I.P. F.L.Y.??
EDIT: Update!
On PhantaFriends.de @Schlussbremse has explained the details of the refusal on the website.
"The brand F.L.Y. can not be protected because it has "insufficient distinctiveness" according to UMV Article 7 1 b).
In essence: rejected because, according to the Authority's interpretation, it is basically trying to enter a word mark in the general English word for flying.
Excerpt from the reason:
Quote
The mark applied for consists of the English expression "F.L.Y.". The fact that there is a dot between the letters is not enough to make the character distinctive. Typographical symbols such as dot, comma, semicolon, quotation marks or exclamation marks are not perceived by the public as a mark of origin. Consumers perceive it as a sign that should attract their attention, but not as a sign that points to the company's origin. This separate spelling of the letters "F.L.Y." also does not change the descriptive character of the sign, since it does not change the meaning of the word; Nor does it require any mental effort on the part of the consumer to establish an immediate and immediate connection with the term to which they refer.
The term "fly" means: "transport in an aircraft; Move or be hurried quickly through the air; move through the air using wings ". (Information from the Oxford Online Dictionary, retrieved on 15/11/2018 at https://en.oxforddictionaries.com/definition/fly).
(...)
Since the sign has a clear descriptive meaning, it is devoid of any distinctive character and therefore can not be registered under Article 7 (1) (b) CTMR, since it is unable to fulfil the essential function of a trade mark: To distinguish a company's services from those of its competitors."
So yeah F.L.Y. is dead. Can't see a way around that other than a name change at this stage, given its importance they won't keep a brand name they don't own. Intrigued to see what happens now.
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SilverArrow
Certified Ride Geek
I feel like they could probably come up with a more interesting name so might be a positive.
CSLKennyNI
Giga Poster
^ Yeah. To be honest when it was announced I really wasn't a fan of the name. Since then I've come to accept it /get used to it and I kinda understand the reasoning for it.
However hopefully now they will give it something more unique and interesting.
Its also not too bad as the name F.L.Y. doesn't actually appear on the advertising banner in the park, only in the announcement video.
Will be interesting to see when there's an announcement or new application put in.
But until then:
EDIT: In this IAaPA interview with Vekoma they are asked about their 2019 projects; she mentions a project in Europe that is going to open "...that the whole world knows about... (but) we are not ready to talk about it".
I take it that they are referring to Phantasialand's flying coaster - the only other Vekoma opening in Europe next year is a Jr Coaster in a mall in Ukraine and I don't believe the world has been talking about that...
From 0:44 onwards you can hear them talk about the development of the new flying coaster model in general which is interesting to hear about.
To paraphrase:
However hopefully now they will give it something more unique and interesting.
Its also not too bad as the name F.L.Y. doesn't actually appear on the advertising banner in the park, only in the announcement video.
Will be interesting to see when there's an announcement or new application put in.
But until then:
EDIT: In this IAaPA interview with Vekoma they are asked about their 2019 projects; she mentions a project in Europe that is going to open "...that the whole world knows about... (but) we are not ready to talk about it".
I take it that they are referring to Phantasialand's flying coaster - the only other Vekoma opening in Europe next year is a Jr Coaster in a mall in Ukraine and I don't believe the world has been talking about that...
From 0:44 onwards you can hear them talk about the development of the new flying coaster model in general which is interesting to hear about.
To paraphrase:
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The way it was written, at least one would think F.L.Y. was an abbreviation for a trademarkable phrase. If it's just the word "fly" with dots in it, by all means I'm in favour of changing it.
elephant58
Hyper Poster
Always did sound like a BTEC version of 'Air'
JoshC.
Strata Poster
My favourite thing about this is that RCDB have it listed (or at least did) that F.L.Y. = 'Flying Launched Coaster'
My life has been missing some walls lately, so I'm looking forward to updates.
Yoris Kerkhoff
Roller Poster
2019 opening fully confirmed I guess?
CSLKennyNI
Giga Poster
No, not until the park say something.
In my opinion though I'm confident they are planning for summer 2019. But of course delays can sadly always happen which why no opening year is announced just in case. They want to avoid another Chiapas-fiasco.
Hopefully this winter isn't too harsh and doesn't hold back construction work.
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Nah you forget they don’t actually have a schedule.
CSLKennyNI
Giga Poster
^Courtesy of Dex
View of the sound barrier wall along the back of Maus au Chocolat from the bridge above the Berlin entrance.
- New supports and track connecting the curve up through the steel towers beside Wuze Town and the track section that eventually leads into the second launch.
Confirming that the Zero-G Roll, still the tallest part of the layout so far, over the building (as seen below) is part of the 1st half of the layout.
- The 1st launch has been almost entirely erected now.
Must say I like how multiple bits of track wrap around above and below the suspended 1st launch track should provide some nice near misses.
- View of the end of that new section leading into the tunnel under/through that building.
- Blue tarpaulins in the launch tunnel showing that theming work is still taking place.
- There appears to be a quite a bit of build material and a couple drums of cable sitting around. A lot of activity on site.
Metal ducts of some kind have been attached to the bottom right wall as well.
EDIT: Wuze Wall! From PhantaFriends.de user PasXal.
^ Decorative element visible from the top of the building that the wall sits on top of.
This building and the two large arches in the pictures above are not finished. Presumably this will happen in the coming weeks. Or perhaps in the main off-season (January to April) as they need to remove the construction fences and advertising banner infront to better access it.
The corner at Wuze Town is now complete (mostly). The crest design has been shrunk here to make space for the gateway below into Rookburgh (not visible due to the tarpaulins).
You can also see how they've connected and blended together the stone work to the Wuze Town building to close up the gap here.
View of the sound barrier wall along the back of Maus au Chocolat from the bridge above the Berlin entrance.
- New supports and track connecting the curve up through the steel towers beside Wuze Town and the track section that eventually leads into the second launch.
Confirming that the Zero-G Roll, still the tallest part of the layout so far, over the building (as seen below) is part of the 1st half of the layout.
- The 1st launch has been almost entirely erected now.
Must say I like how multiple bits of track wrap around above and below the suspended 1st launch track should provide some nice near misses.
- View of the end of that new section leading into the tunnel under/through that building.
- Blue tarpaulins in the launch tunnel showing that theming work is still taking place.
- There appears to be a quite a bit of build material and a couple drums of cable sitting around. A lot of activity on site.
Metal ducts of some kind have been attached to the bottom right wall as well.
EDIT: Wuze Wall! From PhantaFriends.de user PasXal.
^ Decorative element visible from the top of the building that the wall sits on top of.
This building and the two large arches in the pictures above are not finished. Presumably this will happen in the coming weeks. Or perhaps in the main off-season (January to April) as they need to remove the construction fences and advertising banner infront to better access it.
The corner at Wuze Town is now complete (mostly). The crest design has been shrunk here to make space for the gateway below into Rookburgh (not visible due to the tarpaulins).
You can also see how they've connected and blended together the stone work to the Wuze Town building to close up the gap here.
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Fluorineer
Mega Poster
See, I know we all want to see a POV and just the word "off-season" in your post gave me the chills, as I really can't imagine how I will cope with 3 entire months without any wall-updates. But looking at all the insane stuff that has been announced at IAAPA, and thinking how some of that will leave us waiting until 2021, while we already know pretty much what will be going on with these rides: yeah, I prefer this right here. This is how art should unfold itself. Slowly, and filled to the brim with wild guessing, leaving everybody surprised when it finally opens.
These look like cable trays/ducts like you often see on the side of railway cuttings/tunnels. Suggests they're going to be pulling a lot of power.
