April 10, 2024 | In the News!
This is how the big national chains deal with small local tour businesses. The most egregious of these companies allegedly being US Ghost Adventures and its owner Lance Zaal. They bully small local tour operators, most with less than five employees, who are supporting themselves and their families with the revenue their small business generates. Companies like US Ghost Adventures don't play fair, violate the law, and are actively involved in fraud and deceptive business practices. They capitalize on the hard earned reputations of small local companies, steal their hard work and research, intellectual property, and violate their trademarks, hoping they'll sue and be forced to spend large amounts of money until they give up on costly litigation, or shutter their businesses. This is also why it's so important to Shop Local!
Lizzie's Coffee in Fall River, MA is again under attack. Despite losing in federal court, and again losing on an appeal, national ghost tour company and industry pariah, US Ghost Adventures, and its owner Lance Zaal are going after this small local coffee shop again. Hoping the third time in federal court will be his last in this matter. Despite an admonition by the judge.
The judge stated U.S. Ghost Adventures “failed to demonstrate a likelihood of success” of having Miss Lizzie’s permanently forced to change its name or logo because U.S. Ghost Adventures “must demonstrate that Miss Lizzie’s ‘used an imitation of its protected mark in commerce in a way that is ‘likely to cause confusion, or to cause mistake, or to deceive.' Yet, here they are suing them yet again, trying to drain their coffers. You, the customer have the power to tell the national chains...NO!
Fall River business continues to butt heads with neighbor over Lizzie Borden name
by TEMI-TOPE ADELEYE, NBC 10 NEWS
Tue, March 26th 2024 at 6:31 PMFALL RIVER, Mass. (WJAR) — It is the battle for Borden. A Fall River business is still butting heads with a neighbor over the Lizzie Borden name.
The owner of the Lizzie Borden House on Second Street has filed another lawsuit against its neighbor, Miss Lizzie's Coffee.
U.S. Ghost Adventures' Lance Zaal claims the district court overlooked "mountains of evidence" that points to alleged confusion between the businesses.
In the 71-page filing, Zaal's defense claims their bed and breakfast guests would become upset when not permitted to bring in drinks or food purchased next door.
So he wants to reverse the federal court's prior decision that allows the coffee shop to operate.
One of the claims reads in part, "Opening Miss Lizzie’s Coffee next door to the House was intentional and by design, just like the adoption and use of the Infringing Marks," stated Zaal's defense.
"The Miss Lizzie Parties did this to deceptively confuse unsuspecting customers by creating a false association that their services are affiliated with Ghost Adventures."
Miss Lizzie's Coffee's Olivia Pereira said they won the first lawsuit. Zaal filed an appeal, and they won that case as well.
Olivia said she finds the situation "ridiculous."
"We keep on having to make statements and talk to my dad's lawyers," said Olivia.
"We keep on having to go to court and say 'Hey, there's no confusion."
Lizzie Borden is long gone, but the name of the woman acquitted of her parents' murders, lives on through the two neighboring businesses.
Owner of Miss Lizzie's Coffee Joe Pereira said there was a claim that a city official stated there was confusion about the neighboring businesses in late June.
"I think that's impossible to have happened because I already had my license, my business certificate from June 1, and I still have it on my wall. It expires 2027," said Joe.
Zaal's defense also said "Ghost Adventures" has a service mark on the “Lizzie Borden” name for hotel and restaurant services.
Customers like Zayne Melendez-Taylor do not beleive it.
"I don't see how you think you can own a historical figure, especially when you have no relation to them by blood, or by marriage, or by anything," said Melendez-Taylor.
Joe said publicity of the back-and-forth has reeled in more customers and interests from Hollywood producers, with an interest in producing a film about the situation.
Click here to view the PDF file.
"I really just wanted to have a little quirky coffee shop for my daughter and it's turned into something big," said Joe.
"We've been contacted by a couple of Hollywood producers that want to come and make a movie about... the trials and tribulations that we're going through. Obviously, I would think it would probably be a comedy cause this is all comedy."
The family said they are moving forward, expanding to accommodate more customers.
Joe said despite any humor shared, he takes the situation seriously.
"I'm not mocking the court proceeding. I'm mocking anyone that thinks that they can bully me into submission. That is not going to happen," said Joe. "He's not Fall River tough. He's not from Fall River, so see yah later, case closed, mic dropped."
NBC 10 reached out to Zaal for comment but did not hear back.
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