Is ‘Cosmopolitan’ Resort Too Much Like ‘Cosmopolitan’ Magazine?

Trademark Law

Is ‘Cosmopolitan’ Resort Too Much Like ‘Cosmopolitan’ Magazine?

Posted Jul 2, 2008, 05:56 pm CDT
By Martha Neil

Cosmopolitan is a well-known women's magazine. But is its brand strong enough to ban a developer from using the Cosmopolitan name for a new $3.9 billion Las Vegas Strip mega-resort?

That will be for the court to decide in a federal trademark infringement lawsuit filed in the Southern District of New York. It claims the use of the Cosmopolitan name is likely to confuse the resort's clientele into thinking it is affiliated with the magazine, reports the Las Vegas Business Press.

"It could go either way," says intellectual property attorney Jason Firth of Brownstein Hyatt Farber Schreck, who is not involved in the case. "It's not a frivolous lawsuit."

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Posted by S. Mark Edwards - 2 months, 3 days, 10 hours, 19 minutes ago

I would think the average Las Vegas goer, or interested tourist, would probably connect the Cosmopolitan name with the cocktail over the magazine. And even that’s a stretch for me.

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