The Prairie Island Indian Community, a federally recognized Native American tribe located in Minnesota, filed lawsuit against Radisson Hotels International, Inc. and Treasure Island, LLC (TI) for trademark infringement in the United States District Court for the District of Minnesota.
Specifically, the Plaintiff owns and operates “Treasure Island Resort & Casino” in Red Wing Minnesota, and owns a number of trademarks associated with the name “TREASURE ISLAND” in the categories of casino and restaurant services. The Defendant, TI, owns and operates “Treasure Island – TI Hotel & Casino” in Las Vegas and had, at one point, 17 different trademarks associated with the name “Treasure Island.”
In the past, both the Plaintiff and TI engaged in litigation over the use of the trademark “Treasure Island,” where the Trademark Trials and Appeals Board ultimately sided with the Plaintiff and cancelled several of TI’s trademarks as the Plaintiff was able to establish first use and priority in the marks. TI eventually abandoned its remaining marks and, in December 2008, the parties had settled their claims where, in part, the Plaintiff granted TI “a perpetual, non-cancellable, and exclusive license to use marks including and comprising the term ‘Treasure Island’ in any manner or form for the use in the hotel, casino and/or resort industry (the ‘TI License’).”
In July 2019, TI publicly announced its intent to affiliate itself with Radisson Hotels by “stating that Treasure Island – TI Hotel & Casino in Las Vegas, ‘will officially join the Radisson system later this year as Treasure Island – TI Hotel and Casino, a Radisson Hotel.’” Plaintiff contacted the TI to inquire on how its licensed mark would be used in TI’s newly-announced relationship with Radisson as defendant did not have “authority to grant, license, sublicense or assign rights to the TREASURE ISLAND Marks without the Plaintiff’s consent.” TI had, however, not responded to Plaintiff’s request and continued its venture with Radisson by allowing Radisson to advertise and promote the new relationship on its website by using the mark.
Thus, the Prairie Island Indian Community has bought lawsuit against both TI and Radisson for breach of contract claims, trademark infringement, and dilution.
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