10/07/02 Six Flags alleges hotel infringement

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upi.com Wrote:

EUREKA, Mo., Feb. 5 (UPI) -- A Missouri hotel dubbed the second-dirtiest in the United States by a travel Web site is facing further trouble from a lawsuit brought by Six Flags.

Six Flags spokeswoman Elizabeth Gotway said the Days Inn of Eureka, Mo., which bills itself as "Days Inn Eureka Six Flag," caught the attention of company officials when Web site TripAdvisor ranked it second on its list of the "10 Dirtiest Hotels" in the United States, the St. Louis Post-Dispatch reported Friday.

Gotway said Six Flags sent a letter to the Days Inn, which is owned by Gateway Hotels Management, demanding it stop using the Six Flags name and logo in any form.

The lawsuit, which was filed Monday, said the hotel did not comply with the request by the Jan. 27 deadline.

"The offending uses of the Six Flags marks could have been eliminated from defendant's website in less than a day," lawyers for Six Flags said in the suit, which is seeking a court order to stop Days Inn from using the Six Flags name in any way that implies affiliation with the theme park.

The suit also asks the court to order the destruction of all "advertising, circulars, price lists, signs, banners, business stationary, prints, packages, labels, containers, freights, cartons, receptacles, wrappers, art work and other materials" found to infringe on the trademark.

[embm]

ewwwl i aint goin there now