Zamperla sues Chinese rip off companies for $138m

[Martyn B]

From Amusement Today:

ORLANDO, Florida — Zamperla SpA and Zamperla Inc., manufacturers and distributors of quality amusement rides announced November 13, 2012, that they obtained judgments in Federal Court in Orange County Florida against three amusement ride manufacturers in excess of 138 Million US Dollars. The verdicts were based on violations of Florida’s Unfair Competition Law, the Florida Deceptive and Unfair Trade Practices Act, Common Law Trademark Infringement and Unfair Competion under the Lanham Act.

In his ruling favoring Zamperla, Federal Court Judge Roy B. Dalton found that the defendant’s actions in copying Zamperla ‘s products to be “deliberate, willful and intentional.” The court further stated, in issuing a Permanent Injunction barring the defendants for continuing their illegal copying of Zamperla products: “The public interest is served in this case because an injunction will ensure imitation amusement rides, which may not meet the safety standards of the Zamperla Plaintiffs’ rides, are not passed off as, or confused with the amusement rides manufactured and sold by the Zamperla Plaintiffs.” The final judgment further provided for triple damages, as allowed under the Lanham Act. In achieving the verdicts Zamperla demonstrated that the defendants had copied at lease 183 rides of Zamerla’s design.

The defendants are Golden Horse Amusement Equipment Co. Ltd. who was found to have illegally copied at least 83 rides and adjudged liable for $91,219,767.00, Beijing Tongjunweida Play Equipment Co. Ltd. who copied at least 34 rides is liable for $2,410,650.00 and Beijing Jiuhua Amusement Rides Manufacturing Co. Ltd. who copied at least 66 rides is liable for $45,237,378.00. Each of the three companies are based in China.

IAAPA (the International Association of Amusement Parks and Attractions), is presently holding its annual trade show in Orlando Florida. On Tuesday afternoon Federal Marshals seized all materials in the trade show booths of the defendants and served them with papers requiring them to appear for additional legal proceedings.

Zamperla was represented by amusement industry attorney Tom Sheehan, of the Sheehan Firm PC, working with Orange County Counsel, Ric Keller of Hill, Rugh, Keller & Main, P.L.

I wonder if others will start following suit?

POST YOUR COMMENTS!!!

 

[ECG]

Re: Zamperla sue Chinese rip off companies for $138m

Zamperla was able to get the Golden Horse booth at IAAPA closed by filing the lawsuit, but no U.S. company has won a international court case against a Chinese company that resulted in actual payment or cease of operations that I'm aware of.

 

[furie]

Haha! Wow!

They'll slink off back to China and just won't deal with the US any more. They may be tried in their absence, but good luck to Zamperla getting a penny to be honest.

[Edit]ECG sneaked in a post :lol:

 

[nadroJ]

Haha omg that's amazing! I hope they win haha.

 

[Nic]

Re: Zamperla sue Chinese rip off companies for $138m

This is fab. I love the thought that someone had to run off and go and rustle up this sign. It doesn't beat the idea of someone googling "what does a Flamingo sound like" for the CWoA planning app, but almost.

 

[Intricks]

Come on Vekoma!

 

[oriolat2]

Come on Vekoma!

This and also Maurer Söhne. How many SLCs and spinners have the Chinese copied?

I find it amazing that Zamperla had the balls to do this and make Golden Horse do the walk of shame in front of the whole industry. :--D

 

[Martyn B]

I find it amazing that Zamperla had the balls to do this

Yeah, I agree.

I don't know how big Zamperla are in the US, but over here all they're famed for are Disk'Os and Rockin Tugs. I would have though a giant like Vekoma would have been first to get their laywers in.

 

[ECG]

Zamperla are well known over here for their wild mouse spinners & their disk'o rides, but really hit the spotlight when they took over Coney Island with their Scream Zone & Luna Park in addition assuming operation of the Cyclone coaster. Their MotoCoasters & Volares are also fairly well known in North America.

 

[SaiyanHajime]

To be fair, Zamperla don't stand a chance against the Chinese goverment.

And thats why no ones done it before.

I think doing it now so as to spite them at the largest trade show of its kind in the world is on purpose. And hilarious. It won't stop the company copying and making rides, but it might put others off using them, if only because they wont get to hear of them.

 

[Gavin]

I don't know how big Zamperla are in the US, but over here all they're famed for are Disk'Os and Rockin Tugs.

There are knock-off Disk'Os in a lot of Chinese parks, so as far as Zamperla goes I imagine that could be their major complaint. As far as coasters go, I don't think it would be about their spinners, as the Golden Horse versions are "inspired by" Maurer's compact model.

Anyway, I wouldn't have thought anything will actually come of this other than what has just happened at IAAPA. A U.S court can rule however they want, but they've got zero jurisdiction in China.

I actually quite love the audacity of Golden Horse to show up at international trade fair to showcase "their" products in the first place.

It's also a bit of a waste of time I think. They're doing a roaring trade in China already, and no Western park would dream of installing one of their products for fear of litigation if nothing else, so why draw even more attention to themselves?

 

[_koppen]

This is defiantly a step in the right way with these knock-off company's, I don't believe that they will collect any cash tough.

 

[Martyn B]

Could they actually claim anything with regards to their spinners though? It was Reverchon's design that they bought, and I think there are a few companies that make them now. A bit like the thousands of different manufacturers that make the Wacky Worms.

 

[Gavin]

^If I only someone would have said this just two posts ago:

I don't think it would be about their spinners, as the Golden Horse versions are "inspired by" Maurer's compact model.

The Golden Horse spinners are nothing like the Reverchon/Zamperla coasters. They're clones of the Maurer compact model: http://rcdb.com/r.htm?ot=2&mo=8217

Maurer have only installed 4 of them, while Golden Horse have now installed 57 that we know of: http://rcdb.com/r.htm?ot=2&mo=8465

 

[Martyn B]

I know they're are different, but I wondered if Zamperla could actually do anything if Golden Horse had copied the Reverchon/Zamperla coaster? Because as far as I'm aware, there seem to be a few companies that use that design.

Not that it really matters, though.

 

[furie]

I think the thing is Martyn, that when Gavin says "inspired by" he really means "de-constructed and copied wholesale", which is a very different proposition to "making a coaster that looks similar", which happens all the time.

Maurer have only installed 4 of them, while Golden Horse have now installed 57 that we know of: http://rcdb.com/r.htm?ot=2&mo=8465

It could end up like Apple in Mexico with them losing the court case because in China, Golden Horse were the first and most prolific

 

[Nic]

Can you stop changing the picture that I've quoted in my post, thus changing my actual post, please? Especially not to one taken with **** Instagram. Thanks.

 

[bmac]

So can Golden Horse just give Zamperla a $100 mil ripoff of Expedition Everest as repayment? I mean it is apart of their nature

 

[nadroJ]

Omg, the sad booth of shame quickly covered with a raggety old sheet ahahaha.

Good, there's nothing worse than copying a design and doing it cheaper. Either come up with your own concept or just....don't?

 

[Tomatron]

I cracked up when I saw this!

Apparently the phrase "copyright infringement" doesn't translate very well into Mandarin, as it's certainly not the first time a Chinese organisation has been charged with intellectual property theft. Remember the rip-off Disney theme park in Beijing a few years back?

I have to say, it sounds like the authorities and IAAPA had this planned for when the Chinese companies arrived. No one just rustles up a sign saying "Stall closed due to intellectual property theft". And good on them for doing it!