Zamperla wins court case against three coaster companies

[Adam James]

As many of us may be aware, one of the biggest weeks of the amusement industry is currently happening in Orlando, with the annual IAAPA event.

However after just one day, a booth mysteriously vanished with only this note (photo by TPR) left behind;

This particular booth belonged to Chinese company Golden Horse Amusement Equipment Co. Ltd, who are infamously known in the industry for their various knock-off versions of renowned rides.
They have got away with it for many years, and it appeared noone was to stop them. Till Today.

Here is an interesting article from Amusement Today, explaining why they are liable to pay $91 million in charges:

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.

...Thank goodness SW7 isn't being manufactured in China!

 

[Cheese]

As somebody who can't recall having been on a single Zamperla ride that I'd consider to be even remotely good, I have to wonder why any park (even in China) would want to buy a copy of one. That said, well done them for giving Golden Horse and the other two companies some grief. Hopefully other manufacturers will follow suit.

 

[Dar]

That's all well and good, but do you honestly think Golden Horse will pay up?

 

[Rupert]

Were Vekoma to take Golden Horse and friends to court surely their payoff would be in the gazillions!

 

[Sam]

Of course Golden Horse won't pay up, this is simply to embarrass them out of the world (i.e. US) market and stop them representing themselves at trade-shows like IAAPA. Good on Zamperla!

 

[CGM]

Zamperla seem to have been making some canny business decisions lately with this and their acquisition of Luna park enabling them to have effectively a permanent US showroom for their rides.

I like the fact that they waited until Golden Horse representatives were out of China where they would be untouchable and then effectively mugged them as soon as they set up at IAAPA on the world stage. As others had said, even if Golden Horse don't pay up, I doubt they'll be able to exhibit at an IAAPA again and they'll find it harder to sell rides outside of China.

On the flip side, I can't see many Zamperla rides being sold to Chinese parks now. I'd be surprised if Vekoma follow suit because despite numerous copies of their rides, they're doing good business in China right now. So much so that they have a factory there and they probably don't want to upset the authorities.

 

[Tim]

On the other hand this could be a good excuse for Vekoma to follow Zamperla's lead. Several Chinese parks want the real deal over these knockoffs. The fact that they have a factory there shows the demand for true Vekoma's. If they chose to take a stand all the big parks (such as the numerous Happy Valley's) would want to see Vekoma come out on top.

 

[AstroDan]

Haven't Maurer been ripped off by Golden Horse, too?

Sent from my GT-I9300 using Tapatalk 2

 

[Scott]

It's probably easier to list companies that haven't been ripped off by them tbh...


Sent from my iPhone using Tapatalk.

 

[Ian]

Golden Horse have made loads of MS Spinner rip-offs. Rather ironically, they include a seatbelt on their design, no doubt due to the reputation of those lapbars

They've also done some Vekoma SLCs, and a couple of Vekoma Mine Trains if memory serves me correctly.

Good on Zamperla for giving these knockoff firms a kick up the arse though! Hopefully that company planning to rip-off the B&M Flyer will be thinking twice now