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Case 2:18-cv-02410-JAD-CWH Document 1 Filed 12/21/18 Page 1 of 17

MICHAEL D. ROUNDS, ESQ.
1 Nevada Bar No. 4734
2 MATTHEW D. FRANCIS, ESQ.
Nevada Bar No. 6978
3 PETER H. AJEMIAN, ESQ.
Nevada Bar No. 9491
4 SAMANTHA J. REVIGLIO, ESQ.
Nevada Bar No. 14258
5 BROWNSTEIN HYATT FARBER SCHRECK, LLP
6 100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
7 Telephone: (702) 382-2101
Facsimile: (702) 382-8135
8 Email: mrounds@bhfs.com
mfrancis@bhfs.com
9 pajemian@bhfs.com
10 sreviglio@bhfs.com
B ROWNSTEIN H YATT FARBER SCHRECK , LLP
100 NORTH CITY PARKWAY, SUITE 1600

11 Attorneys for Plaintiff Wynn Resorts Holdings, LLC
LAS VEGAS, NEVADA 89106-4614

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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WYNN RESORTS HOLDINGS, LLC, Case No.:
15 a Nevada limited liability company,
COMPLAINT FOR DAMAGES AND
16 Plaintiff, INJUNCTIVE RELIEF

17 v. (1) Trademark Infringement under 15 U.S.C.
§ 1114
18 RESORTS WORLD LAS VEGAS, LLC, a (2) Unfair Competition under 15 U.S.C.
Delaware limited liability company, § 1125(a)
19 (3) Trademark Dilution under 15 U.S.C. §
Defendant. 1125(c)
20 (4) State Trademark Dilution under NRS
600.435
21 (5) Copyright Infringement under 17 U.S.C. §
501 et seq.
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JURY DEMAND
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Wynn Resorts Holdings, LLC (“Plaintiff” or “Wynn”), for its Complaint against Resorts
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World Las Vegas, LLC (“Resorts World” or “Defendant”), a Delaware limited liability company,
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alleges the following:
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1 NATURE OF THE CASE

2 1. This is an action for trade dress infringement under the Lanham Act, 15 U.S.C. §§

3 1114 and 1125(a), trademark dilution under 15 U.S.C. § 1125(c), state trademark dilution under

4 NRS 600.435, and copyright infringement under the Copyright Act,17 U.S.C. § 501 et seq.. This

5 Court’s assertion of subject matter jurisdiction over this case is proper pursuant to 15 U.S.C. §§

6 1119 and 1121, 17 U.S.C. § 501, and 28 U.S.C. §§ 1331, 1338, and 1400.

7 2. This action arises out of Defendant’s unlawful and unauthorized adoption and use of

8 the Plaintiff’s registered and world famous architectural building design consisting, in relevant part,

9 of a three-dimensional building with concave facade, and curved, bronze glass, coupled with

10 horizontal banding above and between the lines of glass panes (“Plaintiff’s Trade Dress”).
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11 3. The design of Defendant’s new Resorts World Las Vegas hotel and casino directly
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12 across the street from Plaintiff’s world famous Wynn and Encore resort hotel casinos is

13 substantially and confusingly similar to Plaintiff’s Trade Dress and copyrighted architectural work,

14 which Plaintiff has used in conjunction with its resort hotel and casino services in the United States

15 and abroad for many years.

16 4. By using trade dress that is confusingly similar to Plaintiff's registered and common

17 law Trade Dress in connection with the same or highly similar hotel and casino services that are

18 offered by Plaintiff, Defendant is misleading the consuming public into falsely believing that it is

19 affiliated with, sponsored by or associated with Plaintiff, when it is not.

20 5. Additionally, the architectural design embodied in Defendant’s Resorts World Las

21 Vegas hotel and casino is substantially similar to Plaintiff’s registered copyrighted architectural

22 work, and therefore Defendant is violating Plaintiff’s copyrights in addition to Plaintiff’s registered

23 and common law Trade Dress.

24 6. Through this action, Plaintiff seeks damages, attorneys’ fees, costs, temporary,

25 preliminary and permanent injunctive relief, and other additional relief.

26 PARTIES

27 7. Plaintiff Wynn Resorts Holdings, LLC is a Nevada limited liability company doing

28 business in Las Vegas, Nevada.

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1 8. Plaintiff is informed and believes and thereon alleges that Resorts World has its

2 principal place of business located at 3000 South Las Vegas Boulevard, Las Vegas, Nevada 89109.

3 9. Resorts World registered to do business in Nevada with the Nevada Secretary of

4 State on March 25, 2013, and is listed as Entity No. E0152172013-1.

5 JURISDICTION AND VENUE

6 10. This Court’s assertion of personal jurisdiction over Defendant is proper based upon

7 its purposeful aiming of infringing conduct at Plaintiff and Nevada residents in the State of Nevada,

8 which is causing and will continue to cause Plaintiff irreparable harm. Specifically, Defendant

9 purposefully aimed its activities toward the Plaintiff and the residents of the District of Nevada

10 when it willfully commenced infringing Plaintiff’s intellectual property rights, knowing that
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11 Plaintiff is headquartered in the District of Nevada and that its residents regularly visit the Wynn
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12 and Encore properties there. Furthermore, Defendant’s infringing activities are taking place in Las

13 Vegas, Nevada, where Resorts World has its principal place of business, in eyeshot of Plaintiff’s

14 Wynn and Encore buildings.

15 11. Venue is proper in the unofficial Southern Division of the United States District

16 Court for the District of Nevada under 28 U.S.C. §§ 1391(b), and 1400(a), because the Defendant

17 conducts business in this judicial district, it or its agents or affiliates can be found in this judicial

18 district, and acts giving rise to this Complaint have taken place in this judicial district.

19 PLAINTIFF'S RIGHTS IN ITS TRADE DRESS AND COPYRIGHT

20 12. Plaintiff’s affiliates own and operate the Wynn Las Vegas (“WLV”) and Encore Las

21 Vegas (“Encore”) luxury resorts, casinos and hotels in Las Vegas, Nevada, which hold more Forbes

22 five-star awards than any other hotel and casino resort in the world, and are considered to be among

23 the finest hotels in the world.

24 13. WLV opened on April 28, 2005, and the Encore opened on December 22, 2008.

25 Since WLV opened in 2005, Plaintiff’s affiliates have offered, and continue to offer, the highest

26 quality gaming, hotel resort, casino, restaurant, bar, spa and entertainment services to millions of

27 consumers from Nevada and around the world. The two properties are not only known for the

28 highest quality services and goods offered within those respective properties, but also for the

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1 distinctive architectural designs and Trade Dress, which attract consumers to the properties. Both

2 properties are known for their concave facades, and curved, bronze glass, coupled with horizontal

3 banding above and between the lines of glass panes (i.e., Plaintiff’s Trade Dress). Photographs of

4 the WLV and Encore appear below:

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14. Plaintiff's rights in its famous WLV and Encore buildings are not only protected by
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the common law, but also by incontestable United States Trademark Registration No. 3,195,978
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(“‘978 Reg.”), which registered on January 9, 2007. A copy of the ‘978 Reg. is attached hereto as
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Exhibit A.
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15. Since adopting its distinctive architectural designs and Trade Dress, Plaintiff has
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continuously used such designs and trade dress at its WLV and Encore properties, and has also
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expanded use of such designs and trade dress abroad at the Wynn Macau located at Rua Cidade de
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Sintra, NAPE, Macaue, which opened on September 6, 2006. See https://www.wynnmacau.com.
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The same design implemented for the WLV and Encore in Las Vegas, Nevada was adopted for the
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Wynn Macau. Id. A photograph of the Wynn Macau, which contains Plaintiff’s Trade Dress,
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appears below:
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9 16. In addition to the WLV, Encore, and the Wynn Macau, Plaintiff’s same Trade Dress
10 is currently being implemented for the Encore Boston Harbor, which is scheduled to open in June
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11 of 2019. See http://www.encorebostonharbor.com/. A rendering of the Encore Boston Harbor
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12 appears below, as does a photograph of the construction of the resort:
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17. Millions of people from around the world have visited or stayed in Wynn and
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Encore properties, and the gross revenue generated from the WLV and Encore in Las Vegas alone
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to date exceeds $20 billion. As a result, Plaintiff’s Trade Dress has attained worldwide recognition
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and fame.
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1 18. Based on its federal trademark registration and extensive use of the Plaintiff’s Trade

2 Dress, Plaintiff owns the exclusive right to use Plaintiff’s Trade Dress in Nevada and throughout

3 the United States in connection with its resort hotel and casino services, and related services and

4 goods including: entertainment services in the nature of live performances by singers, comedians,

5 dancers, and musical groups; resort hotel, restaurant, bar and lounge services; and health spa,

6 namely, cosmetic body care services; and beauty salons.

7 19. Based on Plaintiff's extensive and exclusive use of its Trade Dress in commerce,

8 Plaintiff also owns common law rights in its Trade Dress for the same services identified in

9 paragraph 18 above.

10 20. Plaintiff’s Trade Dress is non-functional and designed for aesthetic purposes, was
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11 inherently distinctive at the time Plaintiff began using it in commerce, and remains inherently
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12 distinctive to this day. Since the opening of the WLV in Las Vegas in 2005, Plaintiff’s Trade Dress

13 has become well known throughout the United States and abroad and has acquired secondary

14 meaning.

15 21. In addition to Plaintiff’s Trade Dress, Plaintiff is the author and owner of the

16 architectural design entitled “Wynn Resort Hotel Casino Architectural Design Construction

17 complete 2005,” which was created in 2005, and which is protected by U.S. Copyright Registration

18 No. VAu644-301 (“‘301 Reg.”). A copy of the ‘301 Reg. is attached hereto as Exhibit B. The

19 deposit materials for the ‘301 Reg. show the architectural design of the WLV resort hotel casino,

20 which has been visible to the public since at least 2005.

21 22. Since the WLV (and Encore) and its architectural design have been in public view

22 since at least 2005, Defendant has had access to Plaintiff’s novel architectural design since 2005.

23 DEFENDANT’S INFRINGING ACTIVITIES

24 23. Defendant is in the process of constructing its Resorts World Las Vegas hotel and

25 casino directly across the street from the WLV and the Encore in Las Vegas, Nevada. Recently,

26 Defendant has commenced installing curved, bronze glass, coupled with horizontal banding above

27 and between the lines of glass panes on its building, which has a concave facade.

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1 Photographs of Defendant’s current construction appear below (see also Exhibit C below):

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1 24. As evidenced by the photographs above, and in Exhibit C, Defendant is constructing

2 a substantially similar architectural design to that of the WLV with confusingly similar trade dress,

3 consisting of a concave facade, and curved, bronze glass, coupled with horizontal banding above

4 and between the lines of glass panes.

5 25. By virtue of Plaintiff’s ‘978 Reg. and ‘301 Reg., and the fact that the WLV and

6 Encore are across the street from Defendant’s new hotel and casino, at a minimum, Defendant has

7 been on actual notice of Plaintiff’s distinctive trade dress and copyright rights for many years, and

8 prior to commencing construction.

9 26. Defendant did not obtain Plaintiff’s consent or authorization to use the Wynn Trade

10 Dress or copyrighted architectural design in connection with resort, hotel, casino, entertainment,
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11 lounge, bar and restaurant services. Instead, upon information and belief, Plaintiff alleges that
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12 Defendant and/or its principal(s) visited a Las Vegas, Nevada architect and requested that they

13 produce an identical or substantially similar architectural design and trade dress for purposes of

14 trading upon the goodwill and reputation of Plaintiff’s famous trade dress and architectural design.

15 27. Plaintiff is informed and believes and thereon alleges that by using the infringing

16 trade dress in connection with soon-to-be competing resort hotel and casino services, as well as

17 Plaintiff’s copyrighted architectural design, Defendant was and is attempting to trade on the

18 goodwill associated with Plaintiff’s Trade Dress and infringe Plaintiff’s copyright rights. Media

19 outlets have noticed the striking similarity between the WLV and Encore on the one hand, and

20 Resorts World’s new construction on the other. See https://vitalvegas.com/resorts-world-is-

21 making-striking-progress/, attached hereto as Exhibit C, noting that: “[o]bservers have noted the

22 similarity between the look of Resorts World and that of Wynn and Encore, just across the street

23 (see below)”; “If imitation is the sincerest form of flattery, Wynn should feel very flattered right

24 about now;” and “We’ve heard Genting Group, owners of Resorts World, may make a play to

25 purchase Wynn Resorts, so the similarity because (sic) the hotels could very well be intentional.”

26 In addition, there have been numerous instances of confusion as to an affiliation between

27 WLV/Encore and Resorts World expressed by at least Wynn employees, users of social media and

28 the media itself.

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1 28. Plaintiff is informed and believes and thereon alleges that by using the infringing

2 trade dress in connection with soon-to-be competing resort hotel and casino services, Defendant

3 was and is intentionally attempting to create an association between its services and the services

4 associated with Plaintiff in a manner that is likely to harm the goodwill represented by Plaintiff’s

5 Trade Dress.

6 29. Defendant’s infringing trade dress creates a likelihood of confusion as to the source,

7 affiliation, connection to or sponsorship of the Plaintiff’s Trade Dress and accompanying services.

8 30. Plaintiff is informed and believes and thereon alleges that Defendant adopted the

9 Wynn trade dress to willfully trade on the goodwill and reputation of Plaintiff’s Trade Dress.

10 31. Plaintiff is informed and believes and thereon alleges that Defendant did not believe
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11 or have reasonable grounds to believe that use of its infringing trade dress was a fair use or was
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12 otherwise lawful.

13 FIRST CLAIM FOR RELIEF

14 (Federal Trade Dress Infringement – 15 U.S.C. § 1114)

15 32. Plaintiff incorporates the allegations in the preceding paragraphs as if fully set forth

16 herein.

17 33. Plaintiff is the owner of Plaintiff’s Trade Dress, which is nonfunctional, and is

18 protected by the incontestable ‘978 Reg.

19 34. Plaintiff’s Trade Dress was inherently distinctive upon adoption and use and has

20 also acquired secondary meaning.

21 35. Defendant’s use of its almost identical trade dress for the architectural design of its

22 new Resorts World Las Vegas hotel and casino, which will offer the same or similar services to

23 those protected by the ‘978 Reg., is likely to cause confusion, to cause mistake, or to deceive in

24 violation of 15 U.S.C. § 1114(1).

25 36. As a direct and proximate result of Defendant’s infringement of Plaintiff’s federally-

26 registered trade dress, Plaintiff has suffered, and will continue to suffer, monetary injury and

27 irreparable injury to its business, reputation, and goodwill, for which there is no adequate remedy at

28 law. As a result, in addition to monetary damages, Plaintiff is entitled to temporary, preliminary

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1 and permanent injunctive relief preventing Defendant’s continued infringement of Plaintiff's rights

2 in its Trade Dress.

3 SECOND CLAIM FOR RELIEF

4 (Unfair Competition and False Designation of Origin – 15 U.S.C. § 1125(a))

5 37. Plaintiff incorporates the allegations in the preceding paragraphs as if fully set forth

6 herein.

7 38. Plaintiff is the owner of Plaintiff’s Trade Dress, which is nonfunctional.

8 39. Plaintiff’s Trade Dress was inherently distinctive upon adoption and use and has

9 also acquired secondary meaning.

10 40. Defendant’s use of its almost identical trade dress for the architectural design of its
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11 new Resorts World Las Vegas hotel and casino, which will offer the same or similar services to
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12 those offered by Plaintiff, is likely to cause confusion, to cause mistake, or to deceive in violation

13 of 15 U.S.C. § 1125(a).

14 41. As a direct and proximate result of Defendant’s infringement of Plaintiff’s federally-

15 registered trade dress, Plaintiff has suffered, and will continue to suffer, monetary injury and

16 irreparable injury to its business, reputation, and goodwill, for which there is no adequate remedy at

17 law. As a result, in addition to monetary damages, Plaintiff is entitled to temporary, preliminary

18 and permanent injunctive relief preventing Defendant’s continued infringement of Plaintiff’s rights

19 in its Trade Dress.

20 THIRD CLAIM FOR RELIEF

21 (Federal Trademark Dilution –15 U.S.C. § 1125(c))

22 42. Plaintiff incorporates the allegations in the preceding paragraphs as if fully set forth

23 herein.

24 43. Plaintiff’s Trade Dress is inherently distinctive.

25 44. Based on Plaintiff’s continuous and extensive use of Plaintiff’s Trade Dress,

26 Plaintiff’s Trade Dress are entitled to be recognized as famous under 15 U.S.C. § 1125(c).

27 45. Defendant began using in commerce its infringing trade dress after Plaintiff’s Trade

28 Dress became famous.

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1 46. Defendant’s unauthorized use of its infringing trade dress is likely to cause dilution

2 of the distinctive quality of Plaintiff’s Trade Dress, the goods and services associated with the

3 Trade Dress, and the goodwill associated with Plaintiff’s Trade Dress, in violation of Section 43(c)

4 of the Lanham Act, 15 U.S.C. § 1125(c).

5 47. Plaintiff is informed and believes and thereon alleges that Defendant’s actions were

6 willful in nature, in that Defendant willfully intended to trade on Plaintiff's reputation or to dilute

7 Plaintiff’s Trade Dress.

8 48. As a direct and proximate result of Defendant’s actions and infringement, Plaintiff

9 has suffered, and will continue to suffer, monetary loss and irreparable injury to its business,

10 reputation, and goodwill.
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11 49. In addition to monetary damages, Plaintiff is entitled to temporary, preliminary and
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12 permanent injunctive relief preventing Defendant’s continued infringement of Plaintiff’s rights in

13 Plaintiff’s Trade Dress.

14 FOURTH CLAIM FOR RELIEF

15 (State Trademark Dilution—NRS 600.435)

16 50. Plaintiff incorporates the allegations in the preceding paragraphs as if fully set forth

17 herein.

18 51. Plaintiff’s Trade Dress is inherently distinctive or has acquired distinctiveness

19 through Plaintiff's extensive use.

20 52. Based on Plaintiff’s continuous and extensive use of Plaintiff’s Trade Dress in the

21 State of Nevada, Plaintiff’s Trade Dress is entitled to be recognized as famous under NRS

22 600.435(2).

23 53. Plaintiff is informed and believes and thereon alleges that Defendant began using, in

24 commerce, its infringing trade dress after Plaintiff’s Trade Dress became famous in the State of

25 Nevada.

26 54. Defendant’s unauthorized use of the its infringing trade dress is likely to cause

27 dilution of the distinctive quality of Plaintiff’s Trade Dress, the goods and services associated with

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1 the Trade Dress, and the goodwill associated with Plaintiff’s Trade Dress, in violation of NRS

2 600.435(1)(b).

3 55. Plaintiff is informed and believes and thereon alleges that Defendant’s actions were

4 willful in nature, in that Defendant willfully intended to cause dilution of Plaintiff’s Trade Dress or

5 willfully intended to trade on Plaintiff's reputation.

6 56. As a direct and proximate result of Defendant’s actions and infringement, Plaintiff

7 has suffered, and will continue to suffer, monetary loss and irreparable injury to its business,

8 reputation, and goodwill.

9 57. In addition to monetary damages, Plaintiff is entitled to temporary, preliminary and

10 permanent injunctive relief preventing Defendant’s continued infringement of Plaintiff’s rights in
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11 Plaintiff’s Trade Dress.
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12 FIFTH CLAIM FOR RELIEF

13 (Copyright Infringement –17 U.S.C. § 501 et seq.)

14 58. Plaintiff incorporates the allegations in the preceding paragraphs as if fully set forth

15 herein.

16 59. Defendant has committed copyright infringement under 17 U.S.C. § 501 et seq.,

17 directly, by inducement, or by way of contributory liability, by knowingly aiding, causing, or

18 committing, the unauthorized practice or execution of one or more exclusive rights owned by

19 Plaintiff set forth in 17 U.S.C. § 106, said exclusive rights having been perfected by the ‘301 Reg.

20 60. On information and belief, Defendant’s direct and induced infringements are and

21 have been knowing and willful. By this unlawful copying, use, and distribution, Defendant has

22 violated Plaintiff’s exclusive rights under 17 U.S.C. § 106.

23 61. Defendant has realized (and/or will realize) unjust profits, gains and advantages as a

24 proximate result of its infringement.

25 62. As a direct and proximate result of Defendant’s direct and indirect willful copyright

26 infringement, Plaintiff has suffered (and/or will suffer), monetary loss and irreparable injury to its

27 business, reputation, and goodwill.

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1 63. Plaintiff is entitled to recover from Defendant, in amounts to be determined at trial,

2 the damages Plaintiff has sustained and will sustain, and any gains, profits, and advantages obtained

3 by Defendant as a result of Defendant’s acts of infringement and Defendant’s use and publication

4 of the copied work, as well as temporary, preliminary and permanent injunctive relief preventing

5 Defendant’s continued infringement of Plaintiff’s rights in its copyrighted work.

6 PRAYER FOR RELIEF

7 WHEREFORE, Plaintiff respectfully prays that the Court grant the following relief:

8 A. That the Court enter judgment against Defendant, finding that:

9 1. Defendant infringed Plaintiff’s rights in its federally registered Trade Dress

10 (‘978 Reg.”) in violation of 15 U.S.C. § 1114;
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11 2. Defendant infringed Plaintiff’s rights in its Trade Dress in violation of 15
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12 U.S.C. § 1125(a);

13 3. Defendant infringed and diluted Plaintiff’s Trade Dress in violation of 15

14 U.S.C. § 1125(c)

15 4. Defendant infringed and diluted Plaintiff’s Trade Dress in violation of NRS

16 600.435;

17 5. Defendant infringed Plaintiff’s copyright rights in the ‘301 Reg. in violation

18 17 U.S.C. § 501 et seq.;

19 B. That the Court enter judgment against Defendant that the above acts, A(1)-(3), were

20 willful and intentional making this an exceptional case;

21 C. That the Court issue a temporary, preliminary and permanent injunction prohibiting

22 Defendant, Defendant’s respective officers, agents, servants, employees and/or all persons acting in

23 concert or participation with Defendant, from (1) using or contributing or causing the use of

24 Plaintiff’s Trade Dress or any confusingly similar variations thereof, or any other trade dress or

25 trademarks or service marks that are confusingly similar to Plaintiff’s Trade Dress; and (2) directly

26 or indirectly using, or contributing or aiding the copying or use of Plaintiff’s copyrighted

27 architectural work protected by the ‘310 Reg.;

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1 D. That the Court enter an order requiring Defendant to deliver to Plaintiff for

2 destruction any and all advertising and promotional materials in Defendant’s possession, custody or

3 control, which contain the infringement trade dress and infringing copyrighted material;

4 E. That the Court enter an order requiring Defendant to remove any materials or goods

5 that constituted infringing trade dress from its Resorts World Las Vegas hotel and casino that is

6 currently under construction;

7 F. That Plaintiff be awarded damages for Defendant’s trade dress infringement,

8 dilution, and copyright infringement;

9 G. That Plaintiff be awarded all profits resulting from Defendant’s trade dress

10 infringement, dilution, and copyright infringement;
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11 H. That Defendant be ordered to account for and disgorge to Plaintiff all amounts by
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12 which the Defendant has been unjustly enriched by reason of the unlawful acts complained of;

13 I. That Plaintiff be awarded damages resulting from Defendant’s infringement, unfair

14 competition, and dilution in accordance with the provisions of 15 U.S.C. § 1117 and NRS 600.430;

15 J. That damages resulting from Defendant’s infringement, unfair competition, and

16 dilution under the Lanham Act and the Nevada Revised Statutes be trebled due to Defendant’s

17 willfulness, in accordance with the provisions of 15 U.S.C. § 1117 and NRS 600.430;

18 K. That the Court issue an award of actual damages and any profits of the Defendant

19 attributable to the infringing acts alleged herein, consistent with 17 U.S.C. § 504(a)(1), or, upon

20 election, an award of statutory damages consistent with 17 U.S.C. § 504(a)(2);

21 L. That Plaintiff be awarded exemplary or punitive damages in an amount appropriate

22 to punish Defendant and to make an example of the Defendant to the community;

23 M. That Plaintiff be awarded an amount sufficient to reimburse Plaintiff for costs of

24 corrective advertising;

25 N. An award of full costs and reasonable attorneys’ fees against Defendant pursuant to

26 15 U.S.C. § 1117, 17 U.S.C. § 505, and NRS 600.430;

27 O. For pre-judgment interest on all infringement and any other appropriate damages;

28 and

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1 P. For such other or further relief as the Court may deem just and proper.

2 DATED this 21st day of December, 2018.

3 BROWNSTEIN HYATT FARBER SCHRECK, LLP
4
By: /s/ Michael D. Rounds
5 MICHAEL D. ROUNDS, ESQ.
MATTHEW D. FRANCIS, ESQ.
6 PETER H. AJEMIAN, ESQ.
7 SAMANTHA J. REVIGLIO, ESQ.
100 North City Parkway, Suite 1600
8 Las Vegas, NV 89106-4614
Telephone: 702.382.2101
9 Facsimile: 702.382.8135
10 Attorneys for Plaintiff Wynn Resorts Holdings, LLC
B ROWNSTEIN H YATT FARBER SCHRECK , LLP

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1 JURY DEMAND

2 Pursuant to Fed. R. Civ. P. 38(b), Plaintiff Wynn Resorts Holdings, LLC hereby demands a

3 jury trial on all issues triable by jury.

4 DATED this 21st day of December, 2018.

5 BROWNSTEIN HYATT FARBER SCHRECK, LLP
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By: /s/ Michael D. Rounds
7 MICHAEL D. ROUNDS, ESQ.
MATTHEW D. FRANCIS, ESQ.
8 PETER H. AJEMIAN, ESQ.
9 SAMANTHA J. REVIGLIO, ESQ.
100 North City Parkway, Suite 1600
10 Las Vegas, NV 89106-4614
B ROWNSTEIN H YATT FARBER SCHRECK , LLP

Telephone: 702.382.2101
11 Facsimile: 702.382.8135
100 NORTH CITY PARKWAY, SUITE 1600
LAS VEGAS, NEVADA 89106-4614

12 Attorneys for Plaintiff Wynn Resorts Holdings, LLC
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Case 2:18-cv-02410-JAD-CWH Document 1 Filed 12/21/18 Page 17 of 17

INDEX OF EXHIBITS
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2 1. United States Patent and Trademark Office Reg. No. 3,195,978 1 Page
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2. United States Copyright Office Certificate of Registration VAu644-301 14 Pages
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5 3. Resorts World is Making Striking Progress (article) 7 Pages

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B ROWNSTEIN H YATT FARBER SCHRECK , LLP

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100 NORTH CITY PARKWAY, SUITE 1600
LAS VEGAS, NEVADA 89106-4614

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