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New York Stock Exchange, Inc. v. New York, New York Hotel, LLC

New York Stock Exchange suffered no infringement where a Las Vegas casino's use of registered trademarks as part of a faux New York atmosphere was an "obvious pun" not likely to cause confusion; however, NYSE had a state law claim for trademark "tarnishment" where the casino's use might imply an analogy between stock trading and gambling.

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Argued: July 10, 2000

Appeal from a grant of summary judgment by the United States District Court for the Southern District of New York (Miriam G. Cedarbaum, Judge), dismissing the New York Stock Exchange’s claims against a Las Vegas casino for trademark infringement and dilution under the Lanham Act and trademark blurring and tarnishment under New York law. We affirm in part and reverse in part.

The New York Stock Exchange, Inc. (“NYSE”) appeals from Judge Cedarbaum’s grant of summary judgment, dismissing its claims for trademark infringement and dilution under the Lanham Act, see 15 U.S.C. � 1125, and trademark blurring and tarnishment under New York law, see N.Y. Gen. Bus. Law � 360-l. NYSE brought this action against New York, New York Hotel & Casino, LLC (the “Casino”) and its corporate predecessor, New York, New York Hotel, LLC, to prevent the Casino’s use of physical features and promotional materials based on modified versions of NYSE’s marks. Examples of the modified marks include: (i) a replica of NYSE’s architectural facade that bore the words “New York New York Stock Exchange” located near the Casino’s gambling floor; (ii) the Casino’s “New York $lot Exchange” or “New York-New York $lot Exchange” club for frequent gamblers; (iii) sweatshirts, caps, and other souvenirs given out by the Casino to the members of its players club displaying the “New York $lot Exchange” or “New York-New York $lot Exchange” slogan; and (iv) the Casino’s reference to its players club by the “NY$E” or “NY-NY$E” abbreviation.

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