Las Vegas hotel takes aim at Disney development TM
Flamingo Las Vegas, a hotel and casino located on the Las Vegas strip, has filed a trademark opposition against Disney over its planned tourist district Flamingo Crossings.
In an opposition filed at the Trademark Trial and Appeal Board (TTAB), Flamingo said that Disney’s applied-for trademark ‘Flamingo Crossings’ will cause confusion and damage to Flamingo’s marks.
Flamingo Las Vegas, which opened in late 1946, has featured famous acts such as Sammy Davis Jr, Gladys Knight, Toni Braxton, Donny and Marie Osmond, and Olivia Newton-John.
Its ‘Flamingo’ trademarks cover hotel, bar and restaurant services, casino and entertainment services, and computer game software, among other goods and services.
Filed in September 2018, ‘Flamingo Crossings’ covers restaurant services, hotel services, and resort lodging services in class 43.
Disney is planning a mixed-use tourist district called Flamingo Crossings, just outside the Walt Disney World resort in Florida. According to reports, two hotels opened in 2016, but there are many more hotel projects confirmed.
Unlike the relatively new Disney development, Flamingo was the third resort to open on the Las Vegas strip and remains the oldest resort on the Strip in operation today, according to the trademark opposition.
“Applicant’s ‘Crossings’ mark is primarily geographically descriptive.’“Flamingo Crossings Boulevard’ is a public thoroughfare located in the city of Winter Garden, Florida,” alleged the opposition, suggesting that the mark is a generally known geographic location so consumers would be likely to believe that Disney’s services originate in that geographic place.
Flamingo also claimed that Disney’s trademark is nearly identical to its own marks in sound, appearance, connotation and overall commercial impression.
“Accordingly, applicant’s registration and proposed use of the ‘Crossings’ mark is likely to cause confusion, mistake, or deceive consumers as to the source or origin of the parties’ respective services … and will result in dilution by blurring and/or dilution by tarnishment of the ‘Flamingo’ marks,” said the opposition.
The Las Vegas hotel has asked the TTAB to refuse registration of the trademark.
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