Gaming briefs for May 18, 2004

Tuesday, May 18, 2004 | 8:50 a.m.

Company appeals trademark decision

Cirque du Soleil is appealing an adverse Las Vegas court decision to the 9th Circuit Court of Appeals in San Francisco over the company's rights to the name "cirque."

Dream Merchant Co., the owner of Cirque du Soleil, sued a Florida company, Cirque Inc., in December 1999 in federal court in Las Vegas. Cirque du Soleil accused Cirque Inc., which performs similar circus-like shows for corporate events, of trademark infringement, trademark dilution and unfair competition under state and federal laws.

Cirque du Soleil claimed that its product had come to be known by the name "cirque" and that it was therefore a protectable trademark. Cirque Inc. had capitalized on the brand after Cirque du Soleil became popular, Cirque du Soleil said.

Cirque Inc. disagreed, arguing that "cirque" is a generic term and that the art form predates the arrival of Cirque du Soleil. U.S. District Judge Lloyd George last month dismissed the claims against Cirque Inc., saying generic terms aren't protectable under the law. "Cirque" is French for "circus."

Cirque du Soleil filed a notice of appeal with the court April 30.

Company reports earnings decline

Las Vegas gaming leasing company PDS Gaming Inc. on Monday reported a 39 percent decline in first-quarter earnings as costs and expenses rose.

Profit fell to $158,000, or 4 cents per share, in the first quarter compared with $260,000, or 7 cents per share, a year earlier.

Revenue rose 84 percent to $17.3 million.

Revenue from equipment sales and sales-type leases more than quadrupled, to $7.6 million from $1.9 million a year ago. Revenue from operating lease rentals rose 62 percent to $8.8 million.

But costs and expenses on equipment sales jumped to $6.6 million from $1.6 million a year ago. Depreciation on leased equipment rose to $5.9 million from $3.8 million. Higher average debt led to the increases, the company said.

Fee income usually fluctuates significantly from quarter to quarter because of timing uncertainties involved in large financing transactions, the company said. Supply and demand also fluctuate by market, it said.

The company expects to go private under a plan by executives to buy out the 69 percent of outstanding shares they don't already own. Last month the company said it had entered into a definitive buyout agreement that was also approved by the company's board of directors, including three independent directors. The transaction is subject to the approvals of regulators and shareholders as well as financing needed to complete the deal.

Fired state trooper turns to state Supreme Court

INDIANAPOLIS -- A state trooper fired for refusing to work at a casino asked the Indiana Supreme Court to order him reinstated -- weeks after the U.S. Supreme Court declined to hear his appeal.

Ben Endres, now a St. Joseph County sheriff's deputy, wants the court to force the state agency to accommodate his religious beliefs, which he says would be compromised by the gambling assignment.

Attorney David Kolbe of Warsaw acknowledged that the state appeal was Endres' last chance at getting his old job back.

"This is it," Kolbe said Thursday.

Endres, who is Baptist, said he was not opposed to general casino crime-fighting, but could not go along when the state designated him a full-time gaming officer and ordered him to report to the Blue Chip Casino in Michigan City, Ind. He was fired in April 2000 after being a trooper since 1991.

A federal law protects people from discrimination based on religion. The 7th U.S. Circuit Court of Appeals in Chicago said the law, however, did not require police and fire departments to assign workers to duties compatible with their principles.