MGM’s Bellagio Files Trademark Suit Against Limousine Company
MGM Mirage (MGM: 11.10 0.00%) hotel and casino Bellagio has filed a lawsuit in the U.S. District Court in Las Vegas on Monday against Bellagio Limousines of Toronto alleging claims of Internet cybersquatting, trademark infringement and dilution, unfair competition and deceptive trade practices.
The lawsuit outlines the casinos argument on the grounds that since opening in 1998, its trademarks have become distinctive and famous worldwide for hotel and casino operations including concierge and limousine services.
The gaming company alleges that the defendants use of “Bellagio” infringes on the resort’s trademarks. Other claims focus on the companies registered domain name being used as a website to promote limousine services using images of the resort and its famous fountains. The suit charges that at times the website and vehicles were marked with the stylized “B” trademarked to Bellagio resort.
Prior to the lawsuit, the casino operator took their domain name complaint to the National Arbitration Forum in April who ordered an Internet registrar to transfer the allegedly infringing domain name to the Bellagio resort. Although the limousine company failed to respond to the complaint they had removed the infringing logo from the website, but continue to offer services that exploit the goodwill associated with the resort.
The resort is seeking an injunction prohibiting the defendants from using the hotel casino name and trademarks “in commerce or in connection with any business or for any purpose whatsoever” and the transfer of the allegedly infringing domain name to the hotel-casino’s parent company.
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