Monte Carlo, restaurant chain in legal dispute over marketing phrase
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Tuesday
21 June 2011
7:59 p.m.
Dave & Buster’s, a national restaurant chain, has ordered a hotel-casino on the Las Vegas Strip to stop using the marketing phrase “eat drink play.”
But the Monte Carlo isn’t going along with that directive and instead sued Dave & Buster’s Inc. on Tuesday.
The Monte Carlo, owned by MGM Resorts International, says in its lawsuit that on its main pillar sign and in certain advertising, the Monte Carlo uses three words to describe what consumers can do there: “eat,” “drink” and “play.”
The lawsuit says that on May 26, Dave & Buster’s sent a cease and desist letter to the Monte Carlo saying its “eat drink play” advertising is infringing on Dave & Buster’s trademarked phrase “Eat Drink Play.”
Dave & Buster’s charged in its letter that based on the Monte Carlo’s advertising, “there is a significant prospect that consumers may assume a false connection or association between Dave & Buster’s and Monte Carlo.”
Tuesday’s lawsuit, filed in federal court in Las Vegas, asserts both the Monte Carlo and Dave & Buster’s are using the “eat drink play” words in a descriptive sense and, to consumers, these words aren’t associated with any particular business or brand.
The lawsuit seeks a declaration that the Monte Carlo’s use of the words does not violate Dave & Buster’s rights, as well as cancellation of Dave and Buster’s trademark because “eat drink play” is a generic phrase.
Dallas-based Dave & Buster’s doesn’t operate in Nevada, but it has restaurants in Arizona and California.
Dave & Buster’s says there are 57 company-owned locations offering the trademarked “Eat Drink Play” experience of food, beverages and entertainment, including video games and interactive simulators.
The Monte Carlo is represented in the lawsuit by attorneys with the Las Vegas office of the law firm Lewis and Roca LLP.
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there is a significant prospect that consumers may assume a false connection or association between Dave & Buster's and Monte Carlo."
That is very far reaching. I can think of no one that is going to assume there is a connection between Dave & Busters and the Monte Carlo.
Wasting legal dollars on this one.
considering the stringent standards in getting a trademark I'm surprised these three words even achieved a trademark. Putting three common verbs together doesn't consist of a trademark in my book. I should trademark- sleep, eat, party.
never heard of busters and dave,have heard of the monte carlo though
Whoever is doing the legal dept at MGM must be an idiot....why are you wasting money on filing a lawsuit over petty crap like this? This just take valuable time and energy away from making profits for your stockholders. Whomever is advising MGM is not familiar with "Dave & Busters".... this is their slogan at ALL their establishments. It would be like someone claiming that the MGM saying "City of Entertainment" is not theirs and is generic.
Bottom Line: MGM Legal Dept need to use their brains, stop wasting money and time and focus on real issues that are facing this corporation.