Cosmopolitan Resort & Casino goes after owner of CosmopolitanResort.com.
Las Vegas has always been a high stakes town. A recent lawsuit suggests it’s also high stakes for domain names.
In an obvious case of “reverse cybersquatting”, a new resort and casino in Las Vegas is going after the owner of CosmopolitanResort.com. Ryan Gile, a Las Vegas trademark attorney, writes about the saga on his blog.
Here are the facts:
1. Tim Griffin, a domain investor, registered the domain CosmopolitanResort.com on August 15, 2003.
2. 3700 Associates, which is developing the Cosmopolitan Resort & Casino, announced the name of its project in November 2004.
2. 3700 Associates sued Griffin for cybersquatting based on use of CosmopolitanResort.com, despite Griffin registering it more than a year before it named its project.
3700 Associates brought the case in Nevada. Griffin argued that it’s the wrong jurisdiction because he is in Florida, and the judge agreed. Griffin’s motion to dismiss also points out how 3700 Associates’ case is reverse cybersquatting.
Trademark attorney Gile summarizes the position 3700 Associates finds itself in now:
I don’t know for how much Griffin is willing to sell the cosmopolitanresort.com domain name, but I would think at this stage, it would be cheaper for 3700 Associates to buy it from Griffin rather than to continue to litigate over it.
Gile is correct. However, the cost of purchasing this domain has certainly increased now that 3700 Associates has taken to the bullying approach to get the domain.
DR.DOMAIN says
Mr. Griffin should hold out for 6figures on these clowns.
baria sous says
He should do a press release and counter sue them.
David J Castello says
If the judge agrees to the methods currently utilized by ICANN arbitration, Cosmopolitan Resort & Casino will never be able to prove Bad Faith because Mr Griffin bought the name well before anyone knew about the Las Vegas project.
And I agree with Baria, a strong PR campaign and countersuit seems in order.
John J says
There needs to be a precedence set here as we go forward we will see more reverse domain suits like this after the fact.
jay says
I have a deposit down on a unit at the Cosmopolitan in Las Vegas. I don’t trust the project any more with all the financial woes it’s going through. I want my deposit back. If anyone else would like their deposit back, lets all get in touch with each other. My email is [email protected]. Thank you.