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Monday, April 5, 2010 | 9:51 a.m.
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Map of Luxor Hotel & Casino
Luxor Hotel & Casino
3900 S. Las Vegas Boulevard, Las Vegas
A legal fight is under way over whether the Luxor hotel-casino can use the name "Liquidity" for one of its bars.
Records show Thomas D. Weldon of Fernandina Beach, Fla., in April 2008 obtained a federal trademark for the word "Liquidity" for use in the sale of red wine.
Weldon is now demanding that the Luxor resort on the Las Vegas Strip stop using the Liquidity name for a bar and lounge that opened at the Luxor in December 2007.
The pyramid-shaped Luxor says on its Web site: "Liquidity is the center of energy at Luxor and features interactive projections on a screen of water that will mesmerize with intriguing images. An internationally recognized music mix creates a cool vibe that will energize the pyramid."
But Weldon, in a Feb. 25 letter to Luxor, objected to the resort's use of the Liquidity name and demanded that Luxor "cease and desist from using any and all use of 'Liquidity' on Web sites or other marketing materials, and consider another non-confusingly similar name."
Attorneys for the Luxor, owned by gaming company MGM Mirage, responded last week with a federal lawsuit against Weldon.
The lawsuit claims Weldon "intentionally or recklessly made false material statements to the United States Patent and Trademark Office to obtain his registration for the Liquidity mark."
Attorneys for the Luxor, with the Las Vegas office of the law firm Lewis and Roca LLP, charge in the suit that Weldon told the trademark office that he used the Liquidity name in commerce in connection with red wine as early as August 2006.
But the Luxor claims Weldon has not used the Liquidity name in commerce. While the Napa Valley Reserve in California created a private label wine called Liquidity for the Weldon family estate, the wine was provided only for private use and was not sold or offered for sale to the public, the Luxor alleges.
The Luxor also complained that prior to its opening of the Liquidity bar, it and Weldon reached an oral agreement in which Weldon would use the Liquidity name for red wine and Luxor would use the Liquidity name for bar and lounge services.
"The parties agreed that there is no likelihood of confusion between the parties' respective uses of the Liquidity mark, because of the differences in the use of the mark, the differences between the goods and services offered by the parties, the differences between the geographic markets and the differences in the channels of trade," Luxor said in its lawsuit, adding that Weldon later refused to sign an agreement confirming the oral understanding.
Luxor said in its lawsuit that last year it applied for a Liquidity trademark and asked the trademark office to cancel Weldon's trademark. In its lawsuit, the Luxor also asks the court to cancel Weldon's trademark.
Attorneys for Weldon have not yet responded to the lawsuit.
Well done, Weldon. Yuo = PWNED!
"The Luxor also complained that prior to its opening of the Liquidity bar, it and Weldon reached an oral agreement," an ORAL agreement? The guys at MGM Mirage use ORAL agreements? You have got to be joking.
"Weldon later refused to sign an agreement confirming the oral understanding." NO-DUH! Hey - MGM legal - if someone doesn't sign an agreement there isn't one. Nimrods. People can change their minds UNTIL IT'S IN WRITING. Can't force someone to sign a deal if they don't want to.
These are over anxious arrogant biz practices by MGM.
They even asked the trademark office to kill Weldon's trademark. Arrogance in the extreeeeeeme.
So let me understand something - the Luxor is one of MGM Mirage's properties - but they have a separate Legal Division working over there? I don't think so. The story should be about how MGM Mirage is doing this - not the Luxor.
The way I see it the Luxor has been using the name for a site location since 2007, and Weldon trademarked the name for a red wine in 2008... there is no conflict!
The basic issue in play is when did Weldon first use the name in commerce. If in fact there was no commercial use prior to the trademark app then Luxor will win this.
The basic issue here should be who got the name Liquidity trademarked first. Plain and simple. This is why one trademark's something. Yes?
Not a great name for a bar and lounge anyway...
Surely they can come up with another one-word name. With all the ultra-clever one-syllable club/bar names like Light, Tao, Moon, Rain...just pick a noun and slap up a new neon sign. Heck, call it "Restroom"...that would make for interesting conversation.
Bottom line, is if Wheldon got the name for comercial rights ONLY for use with WINE, then MGM win's, if Wheldon posted wine, bars, food, drink, etc..then he wil lwin. I doubt Wheldon paid for each name industry to be covered in his application. Each name "group" is like $12k, so unless he spent about $100k to patenit all over, he'll probably loose.
As for the oral agreement? Give me a break - MGM - you need to fire your lawyers if thats' the case...when it comes to legal names, etc, NO ONE does an oral agreement...
yawn... I think Im going to trademark the word "the" so no one else in the world can use it.
Just call it Splooge and be done. Stupid story.