Casino operator Wynn Resorts has filed a lawsuit against rival Genting over the appearance of the latter’s in-development Las Vegas venue.
On the Friday before Christmas, Wynn’s legal grinches filed a lawsuit against Genting’s Nevada subsidiary Resorts World Las Vegas LLC, arguing that the unfinished Resorts World Las Vegas (RWLV) casino employs “a substantially similar architectural design” to Wynn’s existing Las Vegas casino properties.
Wynn’s filing argues that the shell of the $4b RWLV, which is going up just across the street from the Wynn Las Vegas and Encore buildings, already bears a striking resemblance to those properties, as well as to the Wynn Macau resort and the in-development Encore Boston Harbor casino in Massachusetts.
Those Wynn properties all feature a similar concave façade featuring distinctive curved bronze glass and cream-colored horizontal banding between the panes. The lawsuit alleges that RWLV’s design violates Wynn’s “copyrighted architectural work.”
Wynn’s lawsuit claims it has proof that Genting asked a local architect to “produce an identical or substantially similar architectural design and trade dress” for the express purpose of trading upon Wynn’s goodwill and reputation.
Wynn argues that this infringement will cause confusion among consumers and the company is therefore demanding an injunction to compel RWLV to expunge any elements that might unfairly piggyback on Wynn’s trademarks. Wynn also seeks a share of RWLV’s profits plus exemplary and punitive damages.
However, it will be up to Wynn to prove that consumers are sufficiently confused to believe Wynn has some role in RWLV’s operation, which could prove a taller order than simply filing a lawsuit.
Genting purchased the land on which RWLV is being built way back in 2013 but it took two more years before the company broke ground and the project has experienced multiple delays along the way. The current plan has the property opening to the public sometime in late 2020 with or without Wynn’s permission.
