MAO Gaming Sues Ameristar Casino in Colorado Alleging Trademark Infringement
Table games provider MAO Gaming filed a suit against Penn Entertainment’s (NASDAQ: PENN) Ameristar Casino inwards Negroid Hawk, Colo., claiming the manipulator infringed on trademarks pertaining to MAO’s STREAK cosh game.
As of Dec. 1, 2001, Mississippi-based MAO held the rights to the STREAK variation of blackjack, which was patent-protected. Put simply, STREAK is a face play on banner vingt-et-un tables that allows bettors to wager on how many times they’ll be dealt blackjack. Typically, cosh is the to the highest degree popular table gamy at Las Vegas and regional casinos.
In a filing in the US District Court for the District of Colorado, counsel of MAO contended that Ameristar Black person Hawk “advertised, promoted, offered, and ultimately profited from the wildcat and unlicensed employment of MAO’s marks.”
After almost xv (15) years of annually-renewed licensed expend at Ameristar Casino Negroid Hawk, PENN knowingly, intentionally, and wilfully neglected its contractual obligations and infringed on MAO’s iconic STREAK® brandmark past facilitating unlicensed STREAK® sap tabular array games – ane of the most successful cassino table games ever developed,” according to the effectual document.
The filing added that MAO believes Penn allowed the infringement of STREAK trademarks to bear on unchecked for deuce years at the Negro Hawk cassino hotel. MAO’s suit emerged about two weeks after a card counter from Peach State sued the venue for illegal detainment.
STREAK ‘Exclusive Property’
Counsel for MAO also noted that with to each one yearbook renewal Penn committed to with the gaming supplier, the contracts specifically stated STREAK was “exclusive property” of the supplier.
Additionally, the Colorado Casino Gaming Commission (CCGC) mandated that gaming operators seeking to characteristic the twenty-one side bets required to be licensed by MAO and had to offering the spunky inward accordance with patent holder’s rules.
“These circumstances legitimize the classification of Ameristar/PENN’s actions as willful and intentional,” added counsel for MAO in the homage filing. “This begins with the fact PENN’s business sector is cassino gaming operations; it continues with the fact that Ameristar/PENN in agreement(p) via get that all STREAK® products were the exclusive belongings of MAO which they had no right on to enjoyment without a license; it continues with the fact that Ameristar/PENN stipulated via undertake that if they utilized STREAK® without a license, their lead constituted wilful infringement.”
The CCGC is unmortgaged most how gambling casino operators can proffer STREAK at their cosh tables.
“STREAK may live played only when on tables displaying the sanctioned STREAK tabularize layout and equipped with i approved STREAK button for for each one player’s position,” noted the regulator. “The button shall feature typical markings as specified past MAO Gaming, and shall presentation the make or logo of the retail licensee offering the game.”
MAO Implies William Penn Knew it Was Infringing
In the effectual document, MAO claimed that presumption the nature of its contracts with Ameristar Negro Hawk, it’d be “impossible” for the operator and/or the locus to not cognize the power to generate revenue from STREAK rested solely with procuring a license from MAO.
“PENN’s carry on required it to engage in shoddy practices with the Colorado River Gaming Commission and urinate inaccurate market place statements virtually the alleged regulatory compliance of its cassino operations. PENN’s statements regarding its core group business organisation endeavors were disclosed to the marketplace below its reporting and transparentness obligations as a publicly traded company,” according to the filing.
While it’s the smallest townspeople inwards Colorado, Black Hawk is rest home to the state’s largest gaming view — I that ranks as the 10th-largest and as the fastest-growing in the US. As such, in that respect are investment implications, because iv Negroid Hawk operators are publically traded companies. In alphabetical order, they are Bally’s (NYSE: BALY), Caesars Entertainment (NASDAQ: CZR), Monarch Casino & Resort (NASDAQ: MCRI), and Penn.
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