Quote:
Originally Posted by Comrade
I don't think any move was ever made. The development is still called Seasons On City Creek. But even if the LDS Church moved on it and squashed them from using the name, you're absolutely wrong that they would be right in doing so.
Your example of Coke is absolutely not similar because Coke is a brand name. City Creek is not - it's an actual creek in Salt Lake City. It'd be no different than if they had named the development Wasatch Center and then forbade anyone from using the term Wasatch - you can't do that because it's a name specific to nature and not specific to a brand.
City Creek, as already mentioned, was the name used for the motel on that spot - and that came long before the LDS Church ever decided to develop their mall:

|
The preposition is the key thing here, AT City Creek, notice that it was changed to ON City Creek.
I used the Coke example because it is the most well known. I could also use the example of Barnum and Bailey Circus suing Utah for stating "The Greatest Snow on Earth" being to close to their brand of "The Greatest Show on Earth" being ultimately only one letter different. Ultimately, as you may guess, Barnum lost the case. How THIS particular case would have turned out is doesn't matter, as the name was changed and there is less confusion to the public because the word "on" seems to relate more to the Creek where as the word "at" seems to more denote the place.
Again, for the purposes of the discussion who would have actually WON the case is not the important thing since it was already won before ever reaching a court (or maybe even an actual law suit) by getting the name change.
Finally, all that had to be shown was that Season at/on City Creek was unfairly benefiting by using a name that someone else had spent time developing and promoting, etc. Thus any future "leaches" might be sued. City Creek Inn existing before thus would not fall into this type of suit since they existed beforehand. Actually, if they could show that City Creek Center was unduly profiting by using their name, they might have a suit that they could raise. Ultimately, because this is dealing with a landmark, and not a unique name that someone created, such as Kleenex or Haagen Dazs, the case is not a clear cut winner and loser. That said if you asked the average person in Utah what City Creek was, I would guess more than 50% would associate the name with the new downtown mall.