Las Vegas Sun

January 29, 2015

Currently: 63° — Complete forecast | Log in | Create an account

Vegas saloon owner sues Neb. business over name

Related Document (.pdf)

A tavern in Nebraska faces a legal challenge for calling itself the "Double Down Sports Bar & Grill." The bar in Plattsmouth, Neb., a town south of Omaha, was hit with a trademark infringement lawsuit Thursday by the owner of the Double Down saloons in Las Vegas and New York City.

Double Down Inc. and Double Down NYC LLC filed suit in U.S. District Court in Las Vegas against the Nebraska company, Double Down Bar LLC.

Besides trademark infringement, the suit asserts claims of Internet cybersquatting, false advertising, deceptive trade practices and intentional interference with prospective economic advantage.

The defendant bar's owners could not immediately be reached for comment Friday.

The plaintiffs' bars are in New York at 14 Avenue A and in Las Vegas at 4640 Paradise Road.

They said the Las Vegas bar, calling itself "The Happiest Place on Earth," is world famous, having received coverage on the Travel Channel and NBC's "The Today Show."

The plaintiffs said they have been using the "Double Down" trademark since as early as 1992 and that in 2000 the Web site was registered.

"The Double Down plaintiffs have spent substantial sums of money to advertise and promote their restaurant and tavern services under the Double Down marks in print and broadcast media and on the Internet," the lawsuit says.

The lawsuit claims the defendant started infringing on the plaintiffs' trademarks beginning in about March 2006 in connection with the Nebraska bar and restaurant.

The suit also complained about the Nebraska bar's Web site, though it includes this disclaimer: "Not affiliated with the Double Down Saloon."

The lawsuit, filed by attorneys with the Las Vegas law firm Brownstein Hyatt Farber Schreck LLP, alleges: "Defendant Double Down has intentionally and willfully traded upon the Double Down plaintiffs' reputation and goodwill, established through the Double Down plaintiffs' extensive use of the Double Down marks."

The Las Vegas and New York plaintiffs charged in the suit that the Nebraska defendant's use of the Double Down name "has created a likelihood of confusion among consumers who falsely believe that defendant Double Down's marks are associated with the Double Down plaintiffs' services, or that the Double Down plaintiffs sponsor or approve of defendant Double Down's services or commercial activities."

The suit seeks injunctions barring the Nebraska business from using the Double Down name and unspecified financial damages.

Join the Discussion:

Check this out for a full explanation of our conversion to the LiveFyre commenting system and instructions on how to sign up for an account.

Full comments policy

Previous Discussion: comments so far…

Comments are moderated by Las Vegas Sun editors. Our goal is not to limit the discussion, but rather to elevate it. Comments should be relevant and contain no abusive language. Comments that are off-topic, vulgar, profane or include personal attacks will be removed. Full comments policy. Additionally, we now display comments from trusted commenters by default. Those wishing to become a trusted commenter need to verify their identity or sign in with Facebook Connect to tie their Facebook account to their Las Vegas Sun account. For more on this change, read our story about how it works and why we did it.

Only trusted comments are displayed on this page. Untrusted comments have expired from this story.

No trusted comments have been posted.