Wynn sues Genting over similar building design

Thursday 27th of December 2018

Genting Group’s Resorts World Las Vegas has been accused of trademark infringement and unfair competition in regards to its under-construction $4 billion Las Vegas property set to open in 2020, local media reports.

Last Friday, representatives from Wynn Resorts filed a lawsuit against the casino operator, accusing the property of being similar in terms of architectural design.

“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.”

The lawsuit points to Genting’s use of curved bronze glass coupled with horizontal cream-colored banding between the glass panes.

The use of the trade dress is “likely to cause confusion, to cause mistake or to deceive” the public, said the company.

Through the lawsuit, Wynn is seeking an injunction prohibiting the use of Resorts World’s use of Wynn’s trade dress, as well as requiring Resorts World to “remove any materials or goods that constituted infringing trade dress from its Resorts World Las Vegas hotel and casino that is currently under construction.”

Wynn also wants to be awarded any profits resulting from the use of the colors and architectural style, as well as exemplary and punitive damages.

In a filing with Bursa Malaysia, Genting acknowledged the complaint, and said it is reviewing the complaint and will “strenuously defend” 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,” it said.