Circus Circus sues Internet casino over use of the Circus name

Bill Gang

Wednesday, March 25, 1998 | 10:07 a.m.

Circus Circus Enterprises has filed a federal lawsuit claiming one of the controversial Internet casinos popping up worldwide has violated the trademark right to the longtime gaming company's name.

The culprit, according to the lawsuit, is a German corporation named WWW Internetgames that is using the logo Circus-Casino on its Internet gaming site.

The Internet casino accepts credit card bets from across the United States and around the world on video versions of traditional casino games and pays off in U.S. currency, according to Circus Circus attorney Whitney Thier.

The concern of Circus Circus is that the Circus-Casino name likely will confuse people and entice them to gamble in an unregulated and uncontrolled setting, Thier said.

"There is no Nevada casino that wants its customers fleeced," she said. "Internet gaming potentially is damaging to the industry as a whole if there is a (perceived) connection between the Internet and legitimate casinos."

"Who knows how these people are operating," Thier continued. "Some things that are going on make telemarketers look like two-bit operators."

The lawsuit seeks a injunction prohibiting WWW Internetgames from using the "Circus" name in violation of trademark laws. The lawsuit alleges that using the name constitutes "unfair competition" and is a "deceptive trade practice."

The lawsuit also is asking for monetary damages, although Thier conceded that winning the lawsuit is one thing but enforcing a judgment when the company being sued is based in a foreign country poses special problems.

"Theoretically it's enforceable if we win," Thier said. "They are a business although their legitimacy is another question."

If the foreign corporation wouldn't abide by a court order, Thier indicated it might be possible to prevent the firm from collecting its money from the credit card companies used by the Internet gamblers.

"But hopefully this will be simply resolved," she said, although WWW Internetgames has not seemed willing to resolve the issue.

The lawsuit notes that demands sent to the foreign company to cease using the "Circus" name were rejected.

Thier said the lawsuit subsequently was filed because "the only alternative was to say that it's OK, but it's not OK."

According to the legal action, the "Circus" name has "acquired special significance to the public as symbolic of the very highest quality in casinos, hospitality, amusement parks and entertainment services."

The name has been marketed throughout the world and millions of tourists have visited Circus Circus during the 25 years it has been in operation, the lawsuit noted.