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Question of the Day - 15 April 2013

Q:
Regarding the recent 10-year anniversary of The Colosseum at Caesars Palace, wasn't there an issue with the ownership of the name? Did someone else have rights to the name? If so, what was the end result for Caesars to get the rights to the name The Colosseum?
A:

Congratulations! You’d stumped the staff here at LVA but some persistent Google searching turned up a June 2002 threat of litigation by Cyrus Milanian, who asserted that the "Colosseum" trademark belonged to his The New Las Vegas Development Co. LLC. Then-Caesars Palace owner Park Place Entertainment (formerly Hilton Gaming) responded that it had been in the habit of using the Colosseum name for three decades. It further characterized Milanian as a sort of trademark-squatter or "internettor," who had applied for name rights in April 2002, hoping to cash in on Park Place’s plans with a quickie trademark registration. The company responded by filing suit that autumn.

A three-day trial resulted in Milanian losing in federal district court to Park Place and getting hit with a citation for civil contempt for having skipped a scheduled deposition. In November 2004, he appealed to the Ninth Circuit Court of Appeals. The latter upheld the lower court’s findings, which included a monetary award to Caesars World for attorney’s fees. "Milaninan’s intent-to-use applications were not made with bona fide intent to use, and were therefore void," wrote the court. Attempts by Milanian to use the appellate process to litigate new issues were also brushed aside.

LVA attempted to reach Milanian at his office in Pompano Beach, Florida. The phone there, however, has been disconnected.

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