# Thoughts on duplicate names



## ladysherry (Jan 25, 2012)

I would like ya'll feed back on this issue.
I want to name my home haunt soon to be professional haunt but found out the name is already used by another pro haunt in Missouri (i'm in Texas)
Should I think of another name or go with the one I picked out?


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## Hauntiholik (May 17, 2006)

It's never a good idea to use a name that is already in use. The pro haunt could choose to use you.

If you go pro yourself, you'll want your haunt name to stand out and not be confused with another haunt.


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## Frighteners Entertainment (Jan 24, 2006)

It can be legal, though if the website is taken that may be a road block for you.


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## fontgeek (Jul 24, 2006)

If you are going pro, then I'd get a unique name, especially if you or the other haunt with the same name do or will sell goods. The threat of suits for copyright infringement, defamation of character, etc., are a very expensive risk to gamble with, not to mention the issues with websites and such. If you are a home haunt only, and with no website or products for sale, then you probably wouldn't have much of a problem, if you do use someone else's haunt name, you might inform them and ask permission. I doubt there will be much of an issue with them, but it's cheaper to ask now than it is to pay later.


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## Eric Striffler (May 6, 2006)

Absolutely come up with your own name.

Last year we discovered a haunt in another state that was running a brand new event for 2011 using the name of our haunt, which we've been running for a few years, (and basically using our haunt's concept... but that's a different story haha).

It's just awkward.


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## fontgeek (Jul 24, 2006)

It will get tougher and tougher to have either a haunt name or a theme that is uniquely yours as time goes on, but copying someone else's haunt, especially a pro haunt copying a pro haunt, hurts all parties involved, not to mention the haunt industry as a whole.


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## erik1 (Mar 24, 2012)

*Be Original.*

I would def. be original in my name choice.. No need to fight someone for real estate that is already taken.


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## DynomiteDaniel (Apr 3, 2012)

In my case I am a home haunt with years to go before I even think about anything pro related. Having said that, I searched website addresses and found something that no one had and took it. Names are everything and the website address, in this day and age, needs to match the haunt name.


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## PropBoy (Sep 4, 2008)

If your a home haunt I have no issue with calling it what you want. Heck you are a home haunt you could change it every year to fit new themes if you change themes every year or even some time.

Should you go pro, that is another story. Again names are not totally unique. Small businesses may have the same name as another business in another state in a completely different industry.

As stated above, names are no longer unique, web sites are.


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## Allen H (Feb 13, 2010)

I wouldnt worry about it at all- My haunts name is trail of terror- there are about 200 haunts named trail of terror-big deal. There will always be another haunt with your name, that is not uncommon. Do not use the same name as a haunt in your market- patrons dont cross markets so there will be no confusion.


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## Eric Striffler (May 6, 2006)

Allen H said:


> I wouldnt worry about it at all- My haunts name is trail of terror- there are about 200 haunts named trail of terror-big deal. There will always be another haunt with your name, that is not uncommon. Do not use the same name as a haunt in your market- patrons dont cross markets so there will be no confusion.


This isn't true for all haunts though. My haunt is known across the country, not just in our area, so when we discovered another haunt using our name in a different state we had to contact them about it. We've got a brand that we don't want to contain just locally.

You are right though, if it's a common string of words like "House of Horrors" or as you said "Trail of Terror" then it shouldn't be a problem. But that's not always the case so you should always check to make sure there isn't a commercial haunt that owns the rights to the name.


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## Ramonadona (Nov 4, 2011)

I wondered about this too. I thought for quite a while what to name our yard haunt (it's pretty much just decorations in the yard - not a home haunt or a pro-haunt). Since we live on a Dead End Street...thought it would be good to call it Dead End Cemetery (with the added slogan "The End is Here!". Then I noticed that someone else has the same name (not with a slogan though). It bums me out...but people have been saying that it's not in the same town, and not even in the same state. Been trying to find the person who has that name to ask if they mind me using that name too, but can't locate the post I saw it in. If you are that person...Do you mind if I use it? If you do, I understand and will probably come up with something else before Halloween.


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## fontgeek (Jul 24, 2006)

For a yard display, I wouldn't lose any sleep even if you called it the Haunted Mansion. You aren't going to be putting ads in the papers or charging admission, and if it's strictly a viewing type of thing you don't run the risk of conflicting insurance claims with someone else's haunt.

Shy of getting a copyright on a name, and proving you came up with it, you would have a tough time forcing or being forced to change their haunt's name. You would have to prove damages done to your haunt by the other haunt using your haunt's name, and shy of physical injury cases being brought against you because your haunt has the same name, it would be tough to prove actual losses. Now stealing someone else's artwork for your haunt is a whole different ball game.


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## diggerc (Feb 22, 2006)

Ramonadona said:


> I wondered about this too. I thought for quite a while what to name our yard haunt (it's pretty much just decorations in the yard - not a home haunt or a pro-haunt). Since we live on a Dead End Street...thought it would be good to call it Dead End Cemetery (with the added slogan "The End is Here!". Then I noticed that someone else has the same name (not with a slogan though). It bums me out...but people have been saying that it's not in the same town, and not even in the same state. Been trying to find the person who has that name to ask if they mind me using that name too, but can't locate the post I saw it in. If you are that person...Do you mind if I use it? If you do, I understand and will probably come up with something else before Halloween.


The Dead End is used in Fla. By Ghostess here is her profile. No harm in asking.
http://www.hauntforum.com/member.php?u=145


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## Hauntiholik (May 17, 2006)

Was it Gothic Nightmare's haunt? Dead End Cemetery 2010 

Or deadend cemetery http://www.deadendcemetery.webs.com/


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## Hysteria17 (Jun 15, 2012)

If your not going pro and can't think of another name it will probably be fine. But if it's possible I'd come up with another name.


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