LAS VEGAS (AP) - The owners of Cosmopolitan magazine have filed
a trademark infringement lawsuit in federal court against a financially troubled Las Vegas Strip megaresort.
Hearst Communications, a Heart Corp. subsidiary, claims the Cosmopolitan development has tried to confuse the public into thinking the project is associated with the publishing company.
In the 20-page lawsuit filed Monday in U.S. District Court for the Southern District of New York Hearst says the use of the name by the Strip development, "is likely to cause confusion, deception and mistake by creating the false and misleading impression that the defendants' good and services have the endorsement or approval" of Hearst Communications.
The lawsuit comes as Wall Street investment house Deutsche Bank
is foreclosing on the $3.9 billion project initially developed by
New York real estate magnate Ian Bruce Eichner.
The New York-based bank did not return a request for comment.
Deutsche Bank has been paying the monthly construction bills
since March when Eichner failed to find new financing.
Eichner's role in the project's future remains unknown.
The 3,000-room hotel-condominium, mixed-use development is
scheduled to open in late 2009.
Eichner, through the holding company 3700 Associates, began registering parts of the development under names such as The Cosmopolitan, The Cosmopolitan Beach Club, Cosmo Beach Club,
Cosmopolitan Resort & Casino and The Residences At The Cosmopolitan Club and Casino.
A Hearst Communications spokesman declined to comment beyond the
lawsuit, which seeks more than $500,000 in damages and a share of
the profits from the project.
Hearst also wants a court order preventing the U.S. Patent and
Trademark Office from approving any of the resort's two dozen
applications to use Cosmopolitan or Cosmo throughout the development.
Information from: Las Vegas Review-Journal, http://www.lvrj.com
(Copyright 2008 by The Associated Press. All Rights Reserved.)