35°Ride wars at Cedar Point?
Aug 18
2010
The fate of Cedar Point’s new ride could already be up in the air as a patent war brews between two ride manufacturers.
Brian Mirfin, of Australian ride manufacturer Funtime Group, said the new ride will be the Wind Seeker, made by Dutch-based manufacturer Mondial.
The Wind Seeker, however, is a patent-infringing copy of the StarFlyer — a tower ride the Funtime Group made and owns a patent on, Mirfin said.
Both rides are tower rides that spin riders around as they extend high in the air.
The StarFlyer pulls seats attached to a chain. The Mondial design is similar but uses arms instead of chains.
In its news announcement in early February, Mondial said it came up with the new ride “following requests from clients who wanted a StarFlyer-style ride they could still operate within normal wind conditions.”
“It’s almost like Mondial’s plagiarizing our idea,” said Mirfin, director of the Funtime Group and owner of Cottingham Agencies, which holds the patent for StarFlyer. “It makes us very, very angry.”
Executives at Mondial did not return an e-mail from a reporter seeking comment.
Dick Kinzel, president, chairman and CEO for Cedar Fair, said Wednesday night he had no comment. He repeated that the company plans to make an announcement at 2 p.m. Tuesday about the new ride for 2011.
Mirfin said his company, which has built 22 StarFlyers so far, thought it had a deal to build one for Cedar Point after amusement park executives flew to Orlando, Fla., several months ago to look at a StarFlyer at the Magical Midway.
Mirfin said his company planned to build a StarFlyer for Cedar Point that would be 400 feet tall — even bigger than the StarFlyer at Prater Park in Vienna, which stands 384 feet tall.
Instead, Funtime learned Cedar Point was buying a similar ride from Mondial, Mirfin said
“Now, not only do we not get the contract, now we’ve got to get into litigation,” Mirfin said. “The ones that we’ll be suing will be Cedar Point and not Mondial.”
Funtime’s U.S. patent for StarFlyer — patent No. 7666103 — was granted Feb. 23.
Tony Handal, the Connecticut attorney who filed the patent, said he believes the Mondial ride would be a patent infringement on the StarFlyer.
“It looks pretty much like the same thing to me,” Handal said, adding that he doubts litigation will be necessary.
“I think Cedar Point will not go forward without a license,” Handal said. “They can either do that or they can have the ride built by a licensed company.”
View details on Australia-based Funtime Group's StarFlyer ride here.
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03:45 PM
coasterpro says
There are many similar looking rides in the amusement park industry. Many copycat attractions. Flying chair or “flying carousel” type rides are manufactured by at least half a dozen companies (Zeirer, Zamperla, and Chance Morgan just off the top of my head). The Funtime Star Flyer is just another variation on this theme. Funtime wasn’t even the first to incorporate the tower concept, Chance Morgan was (Chance Morgan’s Aviator was an elevated flying scooter ride that debuted in 1998). The Mondail copycat is innovative in this same regard. So the question over whether Mondail’s design actually infringes on the Star Flyer patent is not exactly black and white. Funtime's refusal to sue Mondail may indicate their uncertainty over whether the Mondail design actually does infringe on the Star Flyer patent. Also I have to wonder how Funtime can possibly hold Cedar Point liable if they never signed a contract? Finally, Mirfin may already have nullified any possibility of suing Cedar Fair by leaking their future development plans. As far as I'm aware such plans are considered intellectual property. If that's true then it's possible that Cedar Fair could file a counter suit alleging Funtime executives of intentionally harming their business.10:45 PM
ride_pride says
--SLAP--
Ouch! CP Jo, it's not a slap in the face, it's journalism. The reporter didn't just reprint the details of a press release, he did some international digging.
All the facts were there: If Tom sat on the story, some fanboy gossip site would have reported the details before Tuesday. And if the Register picked up the story afterwards, then the same detractors below would harpoon the newspaper for reporting rumors (the root word of News is NEW).
As for spoiling your puzzle: Nobody forced you to read the story. You could have stopped at the headline. You could have clicked the back button on your browser. You can change the channel on the web, just like on the TV.
The real loser in all of this: Ocean Motion and the families who still ride her together, as a family (not as a "parent switch," required to haul around a little pink piece of paper).
As for the slap in the face: It will sting awhile... after you get the new ride added to that tattoo!!
Be thankful; now you have more time to decide how your artist will incorporate the new ride into his stellar design already on your arm. Now is also a good time to start saving up to bid on being one of the first Red Cross riders next May (if it opens on time. But something tells me that this isn't Mr. Kernacs next baby).
Pass you on the Midway!
02:30 PM
cooke says
Isn't everything he reported available to the public anyways? It isn't like he reported on some top secret information.
-R.
12:27 PM
gavinbrooke says
Your smugness was trumped by someone else's facts. Don't worry, it only burns for a little while.
12:13 PM
CWelch says
They actually have offices in both Australia and Austria, as you can see on their contacts page. Mr. Brian Mirfin of Funtime called from Australia and identified the company as Australian.
12:02 PM
IndustryObserver says
Funny to read all about the pros and cons of this journalist in quite subjective matters, and yet people seem to fail to notice that simple, objective and easy verifiable facts like the originating country of the manufacturer (FunTime) of the StarFlyer is Austria, rather than Australia, as Mr. Jackson is writing in the opening paragraphs...
11:54 AM
that1girl says
Yes on USA today they are talking about how wonderful it is to finally have all of out combat troops out of Iraq, and you can go on there and read that story. It is nice and refreshing to be able to read something that doesn't have to do with the horrors of the world. I can go to any typical news media to see that.
10:43 AM
bighead10 says
If Cedar Point really wanted to generate interest in a ride, lower the rates earlier in the year so it is more affordable to more people. Sorry I just do not feel like spending close to $50 dollars for parking and admission. We should have Obama take over amusement parks so regulate the rates of admission.
10:41 AM
bighead10 says
You know on USA today they talking about the last combat bridage is leaving Iraq, but the Register is posting about a new ride at CP. Amazing how awesome this part of Ohio is.
08:42 AM
that1girl says
Tom Jackson should receive a bonus for reporting great and credible news. Most reporters that are the first are normally the best. If a reporter waited until after the news has been reported then it is considered "old news" and then who really cares. Everyone always wonders what new thing is going to happen to CP in the coming year, and this is not going to change because of this publication, it might actually spike more interest because of the controversy surrounding it. You obviously know nothing about good journalism. If this ride was to be kept a secret then Mr. Jackson would not have been able to find out about it and because he did that makes him a GREAT reporter.
08:33 AM
CPJo says
Come on, a lawsuit against a ride, is that REALLY worthy of news that needs to be announced RIGHT this second? Would it have killed the Register to wait till next week AFTER the OFFICIAL annoucement was made??
No one is debating the right to report news but what the Register (and Funtime's timing) did was slap the face of all the CP fans (myself included) who were having a blast trying to figure out the new ride.
08:07 AM
gavinbrooke says
Cedar Point Regular:
I'd say a pending lawsuit against Cedar Point regarding patent infringement allegations that could affect wether a new ride could even be built is pretty big news. That's right...news. That'w what NEWSpaper deal in. As a reporter, it was his obligation not only to the profession, but to his employer to report this NEWS. For him to withhold this significant information so as not to interfere with the marketing plans of Cedar Point would violate the very tenents of journalism. Let me share with you a few of the 9 tenents of journalism.
-- Journalism's first obligation is to the truth.
That's right. Not to Cedar Point's media and marketing dept.
-- Its practioners must maintain independance from those they cover.
Independence from Cedar Point and from those who would rather hide information so they can be "surprised" by the news...even though it was quite possible that the ride may not be built. So why sit on this information if this is even a possiblity?
--it must strive to make the significant interesting and relevant.
This news is most definitely significant, relevant, and interesting. Mr. Jackson, you have fulfilled your duties as a journalist and reported this significant, relevant, and interesting story to your readers even though it may have been inconvenient to Cedar Point and to amusement park fanboys/fangirls. Kudos to you. It's nice to know that real journalism still exists today and doesn't kowtow to local corporate interests in the name of spoiling a surprise. Thank You.
07:32 AM
BillTorrell says
A lawsuit is going to be filed against Cedar Point about a patent infringement, and you think the media should wait until after Cedar Point makes their announcement? Seriously?
01:58 AM
Cloud says
So a journalist should be fired for doing his job? Makes sense. He got you to read the story, after all, and reported current, relevant facts. Looks like he's doing what he's supposed to do.
12:10 AM
Matt Damon says
dont worry Im sure CF wont let this one pass
the entire SR staff is trying WAY too hard
the words credible and sandusky register should never be mentioned in the same sentance btw
11:24 PM
Cedar Point Regular says
Tom Jackson should be fired or prohibited from posting on this site. He just ruined one of the biggest promotional campaigns for your city by having to be "the first reporter to post it". This ABSOLUTELY could have and should have been reported AFTER Cedar Point made the new ride announcement, and there is no reason for it to be posted other than to make him look like a credible reporter, which he is most certainly not.
Every day more and more people were becoming interested in the 2011 ride chances, they were frequenting this site, cedar points site, and cedar points facebook page. All he did with that so-called "report" was make Cedar Point look bad, and spoil the news for millions of people. Someone like him should not be reporting on things that were intentionally kept secret.