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1983, documents are a belated attempt by petitioners to
manipulate or manufacture the facts to fit the form suggested by
C&L.
Putting aside the unreliable documentation, we must consider
the substance of the relationship. The MTNV shareholders brought
an idea from Spain to the United States. It was not a
proprietary concept. At the same time that MTNV was opening,
another group of investors could have opened a dinner theater
with a medieval theme without infringing on the rights of TM.
The existence of similar shows, such as King Henry's Feast and
King Arthur's Tournament, is evidence undermining petitioners'
claims that the medieval dinner theater idea was uniquely
valuable. The name “Medieval Times” did not exist prior to
MTNV’s use of it in 1982. If another group had trademarked the
name before MTNV started to use it, TM would have had no recourse
because TM did not own the name.
TM did not have any recourse against MTNV for the use of the
name “Medieval Times” or for the use of the idea to open a
medieval theme dinner theater. Therefore, MTNV had no reason to
compensate TM. If TM and MTNV had not been related, MTNV would
not have agreed to compensate TM for the use of an intangible
that was not yet developed and that TM did not own.
Additionally, because TM did not own the intangibles, TM would
not have been able to transfer the rights to the intangibles.
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