American casino operator Isle Of Capri Casinos Incorporated has filed a four-count lawsuit against Hustler magazine publisher Larry Flynt accusing the controversial businessman of infringing on its “lucky lady” and “lady luck” trademarks for his new California casino.
According to a report from the Reuters news service, 73-year-old Flynt opened Larry Flynt’s Lucky Lady Casino in the Los Angeles suburb of Gardena late last month despite being previously warned by Isle Of Capri Casinos Incorporated that the name would violate several of its trademarks.
St Louis-based Isle Of Capri Casinos Incorporated, which operates 14 casinos in seven states, filed its lawsuit on Tuesday alleging that it has utilized the phrase “lady luck” for casino services since 1967 while its use of “lucky lady” for slot machines dates back to 1988. The action states that Flynt’s employment of “lucky lady” is likely to confuse gamblers at the casino while the operator also objected to the use of the phrase in conjunction with depictions of a scantily-clad woman on outdoor signage and naked females on betting chips.
“The lewd and suggestive nature of defendants’ use of the mark and the perceived association with defendants’ strip clubs and publications will cause irreparable harm to Isle Of Capri [Casinos Incorporated],” reads the lawsuit.
In addition to forbidding Flynt from using the names, the lawsuit filed with the United States District Court For The Central District Of California asks that all physical or online signage with the offending marks be destroyed and award Isle Of Capri Casinos Incorporated with unspecified damages.
“We’re very proud and happy to open Larry Flynt’s Lucky Lady Casino in Gardena, California, and we’re undergoing $60 million in renovations at the facility,” read a statement from a Flynt spokesman published by the St Louis Business Journal. “We’re open for operations with table games and poker and we invite anyone to come down and see it for themselves.”