US – Wynn takes legal action over Resorts World’s curved bronze exteriorBy Phil - 2 January 2019
Wynn Resorts has taken legal action against Genting Group’s planned Resorts World Las Vegas (RWLV) saying the project has copied key features from the architectural design of the Wynn Las Vegas.
Wynn is claiming that with its curved, bronze exterior, Resorts World Las Vegas’ appearance will be ‘confusingly similar’ and that coupled with the fact it is located opposite, will mislead the public into believing the project is affiliated with, sponsored by or associated with Wynn. Wynn Resorts has already mirrored the appearance of Wynn Las Vegas with Encore which was opened next to it in 2008.
In a lawsuit filed with the US District Court, Wynn citied five counts: federal trade dress infringement; unfair competition and false designation of origin; federal trademark dilution; state trademark dilution; and copyright infringement.
Wynn said: “The architectural design embodied in defendant’s Resorts World Las Vegas hotel and casino is substantially similar to plaintiff’s registered copyrighted architectural work, and therefore defendant is violating plaintiff’s copyrights in addition to plaintiff’s registered and common law trade dress.”
Wynn wants Resorts World to ‘remove any materials or goods that constituted infringing trade dress from its RWLV hotel and casino that is currently under construction.’
Wynn even claimed that Genting had visited a Las Vegas, Nevada architect and asked for an ‘identical or substantially similar design and trade dress for purposes of trading upon the goodwill and reputation of Wynn’s trade dress and architectural design.’
Wynn’s lawsuit said: “If imitation is the sincerest form of flattery, Wynn should feel very flattered right about now. We’ve heard that Genting Group, the owners of Resorts World, may make a play to purchase Wynn Resorts, so the similarity between the hotels could very well be intentional,” said the lawsuit.
Genting replied: “RWLV is in the process of reviewing the complaint with its legal counsels and will strenuously defend the claim and take all necessary legal action, as appropriate. RWLV intends to file a timely response to the complaint on or before Jan 14, the due date for such response.”