CityCenter, tour operator battle over use of store name

Friday, Oct. 30, 2009 | 10:47 a.m.

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A legal dispute has emerged pitting MGM Mirage's CityCenter against an air tour operator over the name of a CityCenter retail store.

MGM Mirage's CityCenter Land LLC filed suit Thursday in Las Vegas against Grand Canyon tour operator Papillon Airways Inc. over the dispute involving a high-end store planned for the 500,000-square-foot The Crystals retail and dining complex at CityCenter.

Attorneys for CityCenter said in the federal lawsuit that CityCenter will own a retail store at the Crystals using the name "Papillon" -- French for butterfly.

The Papillon store will sell high-end designer brand handbags, wallets, belts, scarves, jewelry, hats, and gloves with prices primarily ranging from about $500 to more than $10,000 per item, CityCenter said.

CityCenter, which intends to open in December, said in its suit that it filed a trademark application for use of the "Papillon" word covering retail stores featuring handbags, wallets, belts, scarves, jewelry, hats and gloves.

CityCenter filed suit against Papillon Airways after attorneys for Papillon on Sept. 3 demanded that CityCenter not use the Papillon name because Papillon owns that trademark for items including bumper stickers, calendars, post cards and clothing sold in connection with the promotion of its aircraft and bus tour services.

Papillon, which operates from airports in Las Vegas, Boulder City and the South Rim of the Grand Canyon, told CityCenter that the Crystals' use of the Papillon name may cause public confusion as consumers may mistake Crystals' Papillon with the goods Papillon Airways sells at its gift shops.

CityCenter charged in its lawsuit that consumers won't mistake its high-cost luxury goods with the low-cost bumper stickers, post cards and other souvenirs sold by Papillon Airways.

The suit, seeking a declaration that CityCenter isn't infringing on Papillon Airways' rights, was filed by attorneys with the Las Vegas office of the law firm Lewis and Roca LLP.

Other luxury retailers opening at Crystals at CityCenter include Louis Vuitton, Hermes, Prada, Christian Dior, Bulgari, Van Cleef & Arpels, Tiffany, Mikimoto and Ermenegildo Zegna.

Crystals says unique-to-the-market retailers will include Tom Ford, Assouline, Kiton, Miu Miu, Paul Smith, Porsche Design, de Grisogono, H. Stern, Marni and Boutique Tourbillon.

Discussion: 8 comments so far…

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By scouser

Oct. 30, 2009

12:06 p.m.

Suggest removal

Chancers looking for a payoff.
By thekube

Oct. 30, 2009

12:44 p.m.

Suggest removal

For a second I thought MGM was suing the airway company, but instead the airway company is suing MGM. I got a little worried for the small guy, but it seems the small guy is looking for a fight.
By wizardofOz

Oct. 30, 2009

1:26 p.m.

Suggest removal

City Center should not use Papillon's Trademarked name.

The executive management geniuses that run MGM Mirage should have done their due diligence before proposing this to the Board of Directors for approval.

Some MGM Executive Management Hack now has his/her t*t in a wringer, and has scurried to a corporate lawyer and cried "help" after Papillon (the real one) said "stop the music" - WE were here first.

MGM should name the store "Imbecile" which is the literal French translation for MORON.

("Voleur" would work, too. That's French for THIEF.)
By MarkofT

Oct. 30, 2009

4:43 p.m.

Suggest removal

thekube, It's a little confusing but CityCenter is suing Papillon, but in response to Papillon's "nastygram" or letter from an attorney requesting that MGM changes the name of the store they want to open.

Instead of waiting for Papillon to follow up with a lawsuit, they are asking the court to OK their use of the name.
By destruct_mutt

Oct. 31, 2009

10:30 a.m.

Suggest removal

"Voluer" looks good and kinda rolls off the tongue.

"Domain Parking" is small potatos. I'm gettin' the dictionary and headin' to the copyright/ trademark offce.

The only truly recession proof job .... lawyer.

*Shakes head*
By Bakersfield

Oct. 31, 2009

2:54 p.m.

Suggest removal

Ever heard of the following:
Continental Airlines
Lincoln Continental
Bentley Continental
Continental Hotel (now Terrible's)
Continental Tire
Continental Aero (A bolt company)
"Continental breakfast" (served at thousands of different hotels).
Same name, varied products and services (some very similar). All have co-existed in the market for a long time. Seems not to have confused many people. No "Continental Divide" among the companies involved!
I personally think the name "City Center" will confuse more folks, who might be looking for City Hall, which in hundreds of cities across the U.S. is located in a complex called "City Center".
By harvieuxgg1

Nov. 15, 2009

9:34 a.m.

Suggest removal

First of all-Papillon Airways Gift Shops Merchandise will not be confused with City Centers.Why you ask? Ill tell you.The gift shop items are LOW END,CHEAP,and are marked up 3 times the wholesale cost! I am sure that City Center will WIN because they have a HIGH END,Big name Items that Papillon Airways does not have!
By the way,Papillon Airways,Scenic Airways and Grand Canyon Airlines are all owned the same family,and the Gift Shops sell all 3 companies logos and the Gift Shops are called:Canyon Flight Trading Company.GO CITY CENTER! WIN !!!!