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Shakopee Mdewakanton Sioux Community v. FBCV, LLC

2011 WL 4527177 (2011)

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Shakopee Mdewakanton Sioux Community v. FBCV, LLC

United States District Court for the District of Nevada
2011 WL 4527177 (2011)

  • Written by Meagan Messina, JD

Facts

An Indian tribe, the Shakopee Mdewakanton Sioux Community (SMSC) (plaintiff), owned a casino in Minnesota called Mystic Lake Casino and used the word “Mystic” in many of its goods and services. SMSC owned the registration on the Mystic marks and was the only user in the casino industry at the time of registration. FBCV, LLC, Ken Templeton, and Templeton Gaming (collectively, FBCV) (defendants) owned the Mystic Lodge Casino in Nevada. FBCV’s casino was substantially smaller than SMSC’s. FBCV was aware of the name of SMSC’s casino at the time FBCV purchased the Nevada casino and renamed the casino from Charlie Holder’s to Mystic Lodge Casino. SMSC sued FBCV for trademark infringement. SMSC moved for summary judgment and to dismiss FBCV’s counterclaim on the grounds that SMSC was entitled to injunctive and monetary relief, that the marks were confusingly similar, that confusion was likely, and that evidence existed of actual confusion between the marks. FBCV objected on the grounds that evidence of confusion and registration was unauthenticated and inadmissible, that a possibility of confusion was not enough, and that no evidence of actual confusion existed.

Rule of Law

Issue

Holding and Reasoning (Mahan, J.)

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