March 12, 2007 -
Tourism officials for the gambling mecca of Las Vegas are preparing to do legal battle with Midway Games over a phrase.It's not the first time Sin City has taken on the video game industry. GamePolitics readers will recall Mayor Oscar Goodman (he's the one in the middle) going after Ubisoft's Rainbow Six Vegas last year. The mayor was unhappy that the violent, counter-terrorist game was set in his town.
In the latest dust-up with the game biz, city officials have taken issue with Midway's attempt to trademark the phrase "Only in Vegas." The publisher took the action in relation to a game under development by its Surreal studio.
City officials say the phrase is too much like "Only Vegas," which is owned by the Las Vegas Convention and Visitors Authority. The authority will consider a recommendation to oppose Midway's trademark application at a meeting tomorrow. Terry Jicinsky, a senior official with the group, told the Las Vegas Gaming Wire:
We are concerned about the similarity of the two marks, which we believe has the potential to confuse the consumer. The logo would imply that the game was developed or endorsed by the LVCVA. We have invested significant resources in developing the 'Only Vegas' brand and we don't want any confusion or dilution of that brand.
The city registered the "Only Vegas" trademark in 2003 with the state of Nevada and in 2005 with the federal government. Jicinsky said that Midway wouldn't reveal its plans for the disputed phrase. A plot synopsis of the proposed game involves the player's attempt to prevent a businessman from turning Las Vegas into a family vacation spot:
You must create your own powerful empire to stop his takeover. Start your career promoting at ultrahip dance clubs, gamble at high-end casinos, race the underground street circuit or get your hands dirty working the underbelly. The right choices will give you control of Las Vegas and put the sin back in Sin City.
Comments
The two markets are separate enough to where there would not be injury.. the markets of vegas tourism v. video games are distinct enough to where they could likely co-exist without harm. For example Apple records and Apple Computers peacefully coexisted until itunes was setup to sell music.
Consumers will not likely be confused about the two, because one is a service and a product. Only in Vegas promotes the service of tourism, Midway is working on a product to sell in commerce.
Keep in mind that trademark law is not like copyright or patent law -- the burden is on a trademark owner to aggressively protect a trademark or lose it.
The R6 game issue was just one thing and I've talken to him personally...twice.....each time games where brought up and it was a positive thing not a negetive thing.....in a meeting with him in his office on a goverment class field trip. He started to talk about the businesses he wants to bring to Vegas and HE HIMSELF mentioned a past attempt to bring an EA office to vegas...I ws really suprise...I never mentioned video game ANYTHING...and HE brought it up first....so he knows there is some good from the industry...he also talked to me about his Son who I think was some kind of first admendment rights attourney or something like that.....While I know he bashed R6...I see a different point of veiw on that then you guys might have rather then "game bashing"...I saw that he just had consern in a POST 9-11 country.....that a game on terroriest would hurt his city because he works really hard trying to advertise it....I kno I can't make anyone agree with me but I'm hoping people don't bash me for supporting him...I support him in general politics I live here...I'vemet him twice...So I know and I thinkhe's been doing good......I know his Image isn't that great....but when sit down and watch him "work" on TV and talk to him about city things....he's not just all "Vegas is great".....(for that part he's just trying to advertise for tourisem fo vegas.)
...In GENERAL Politics here..notj ust GAME politics....the mayor has done alot of good for our city. I don't agree 100% with his approach to his game conserns on R6.....
But for this topic on "Only in Vegas."....Well...he does kinda have the right here.
If you made Brand X and had a promotional slogan "Brand X rocks the world" then another company creates Brand Y with a similar theme and creates the promotional slogan "Brand Y rocks all over the world" whould you not want to protect your product?
Yeah you are right...kinda like there was an Ad in Las Vegas Gaming Wire called Wheel of chance and it looks exactly like the wheel of fourtine.
After reading that summary of the plot they should probably rethink the game anyway. It sounds rather idiotic.
But, here, he (the city) does have a trademark, and Miday's 'slogan' is very, very close.
*sigh*
Doesn't he technically have the right if he trade marked it years eariler?
Or is there some loop hole?
I am all for Vegas on this issue and franchise protection.
Really?...This also sounds liget to me...I'm worried people are going to be doing the "Stupid politian" rant about him...
Comments are kind of predicable these days.