LV resort sues Canadian firm in trademark dispute

Wednesday, May 24, 2000 | 10:40 a.m.

The Las Vegas Strip's Bellagio hotel-casino is seeking an injunction to stop a Canadian and his Ontario-based firm Bellagio Enterprises Inc. from using the Bellagio trademark and domain name to sell clothing.

In a U.S. District Court lawsuit, Bellagio alleged G. Hubley and Bellagio Enterprises Inc. this month started selling golf shirts, jackets and hats that bore the Bellagio trademark.

The sales allegedly were conducted through its "www.bellagio.com" website despite several cease and desist letters the hotel-casino sent the defendants since February 1998.

Bellagio said Hubley placed on his website an "ineffective notice disclaiming affiliation with the Bellagio" and allegedly made false statements that the disclaimer is made by Bellagio.

The suit said web users don't see the disclaimer unless they click on the Bellagio banner across the top of the screen, which contains a photo of the Bellagio hotel-casino.

The suit said the disclaimer isn't readily visible on any other page of the website nor does the disclaimer appear with products sold through the site.

"Bellagio Enterprises has a registered trademark in Canada for Bellagio, and has every right to operate a business under the Bellagio trademark," Hubley responded. "If Bellagio resorts is so concerned about trademark confusion, why have they placed a paid advertisement on our site? We've been in discussions with Mirage Resorts for a long period of time regarding the bellagio.com domain."