In December, Wynn Resorts filed a lawsuit against Genting Group’s Resorts World Las Vegas accusing the Genting of trademark infringement and unfair competition of its under-construction $4bn Las Vegas property set to open in 2020.
The plaintiff accuses the casino operator of similarity in terms of architectural design.
“The design of Defendant’s new Resorts World Las Vegas hotel and casino directly across the street from Plaintiff’s world famous Wynn and Encore resort hotel casinos is substantially and confusingly similar to Plaintiff’s Trade Dress and copyrighted architectural work,which Plaintiff has used in conjunction with its resort hotel and casino services in the United States and abroad for many years …
…The architectural design embodied in defendant’s Resorts World Las Vegas hotel and casino is substantially similar to the plaintiff’s registered copyrighted architectural work and therefore the defendant is violating the plaintiff’s copyrights in addition to the plaintiff’s registered and common law trade dress.” – Lawsuit states.
The plaintiff allege that the Genting’s use of curved bronze glass coupled with horizontal cream-coloured banding between the glass panes infringed on its architectural design.
The plaintiff argued that the trade dress will cause confusion and deceive the public.
” By using trade dress that is confusingly similar to Plaintiff’s registered and common law Trade Dress in connection with the same or highly similar hotel and casino services that are offered by Plaintiff, Defendant is misleading the consuming public into falsely believing that it is affiliated with, sponsored by or associated with Plaintiff, when it is not .”
Wynn Resorts Holdings, LLC v. Resorts World Las Vegas, LLC
|Judge:||Gloria M Navarro|
Nevada District Court Carl W Hoffman
|Nature of Suit||Trademark|
|Case Filed:||Dec 21, 2018|