MGM Resorts International Operations, Inc. v. Kolahzadeh et al

Filing 43

DEFAULT JUDGMENT in favor of MGM Resorts International Operations, Inc. and against PokerSons in the amount of $200,000 and Roberto Ciamillo in the amount of $100,000. Clerk of the Court shall refund Plaintiffs $100.00 cash deposit. Signed by Judge Philip M. Pro on 1/26/2012. (Copies have been distributed pursuant to the NEF, CC: Finance - SLR)

Case 2:11-cv-01929-PMP -CWH Document 40-1

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Filed 01/24/12 Page 1 of 5

MICHAEL J. McCUE (Nevada Bar No. 6055)
[e-mail]
JOHN L. KRIEGER (Nevada Bar No. 6023)
[e-mail]
JONATHAN W. FOUNTAIN (Nevada Bar No. 10351)
[e-mail]
LEWIS AND ROCA LLP
3993 Howard Hughes Parkway, Suite 600
Las Vegas, Nevada 89169
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
MGM RESORTS INTERNATIONAL
OPERATIONS, INC.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MGM RESORTS INTERNATIONAL
OPERATIONS, INC., a Nevada corporation,

Case No. 2:11-cv-01929-PMP-CWH

Plaintiff,
v.
SHAHRAM KOLAHZADEH, an individual,
ROBERTO CIAMILLO, and individual, ADAM
MAJEWSKI, an individual, REVNET, a New
Jersey limited liability company, and
POKERSONS, a business of unknown origin,

ORDER GRANTING PLAINTIFF’S
MOTION FOR DEFAULT JUDGMENT
AND OTHER RELIEF

Defendants.

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Plaintiff MGM Resorts International Operations, Inc. (“Plaintiff”), having moved the Court

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for entry of default judgment against Defendant Roberto Ciamillo (“Ciamillo”) and Defendant

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PokerSons pursuant to Rule 55 of the Federal Rules of Civil Procedure, the Clerk of the Court,

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having entered the default of Ciamillo and PokerSons on January 6, 2012, and, the Court having

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given due consideration to Plaintiff’s motion, as well as the papers, pleadings, and exhibits offered

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in support thereof, and the Court being otherwise further fully advised, Plaintiff’s motion is

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GRANTED. JUDGMENT is awarded in favor of Plaintiff and against Ciamillo and PokerSons on

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Count I of the Complaint.

Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

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Case 2:11-cv-01929-PMP -CWH Document 40-1

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THE COURT FINDS THE FOLLOWING:
1.

MGM Resorts International, through its various subsidiaries and corporate

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affiliates, has obtained United States trademark registrations for certain trademarks, including,

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CIRCUS CIRCUS (U.S. Trademark Registration No. 0,891,114) for use in connection with casino

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services; LUXOR (U.S. Trademark Registration No. 1,798,924) for use in connection with casino

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services; and MGM (U.S. Trademark Registration No. 2,534,227) for use in connection with

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casino services (collectively, the “MGM Marks”);

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2.

MGM Resorts International, through its various subsidiaries and corporate

affiliates, owns the exclusive right to use the MGM Marks in commerce in connection with casino

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services;

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3.

Plaintiff is a subsidiary of MGM Resorts International who has been authorized to

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enforce the trademark rights owned by MGM Resorts International through its various subsidiaries

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and corporate affiliates;

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4.

Ciamillo registered the <circuscircuspoker.com> domain name with a bad faith

intent to profit therefrom;
5.

PokerSons registered the <luxorpoker.com> and <mgmpoker.com> domain names

with a bad faith intent to profit therefrom;
6.

Ciamillo and PokerSons are liable to Plaintiff for cybersquatting pursuant to the

Anti-cybersquatting Consumer Protection Act;
7.

Absent a permanent injunction, should Ciamillo’s and/or PokerSon’s use of marks

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identical to or confusingly similar with the MGM Marks continue, Plaintiff and its corporate

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affiliates will continue to suffer irreparable injury to the goodwill and reputation Plaintiff and its

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corporate affiliates have established in the MGM Marks for which an award of money damages

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would be inadequate;

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Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

8.

The balance of hardships associated with a permanent injunction weighs in favor of

Plaintiff and its corporate affiliates and against Ciamillo and PokerSons; and
9.

The public interest in favor of preventing consumer confusion weighs in favor of

granting Plaintiff and its corporate affiliates a permanent injunction and against Ciamillo and
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Case 2:11-cv-01929-PMP -CWH Document 40-1

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PokerSons.

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Accordingly, IT IS HEREBY ORDERED that Ciamillo and PokerSons, along with their

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respective agents, servants, employees and/or all other persons acting in concert or participation

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with them are PERMANENTLY ENJOINED: (1) from making any use of Plaintiff’s MGM Marks

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or any confusingly similar variations thereof, alone or in combination with any other letters,

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words, letter strings, phrases or designs, in commerce or in connection with any business or for

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any purpose whatsoever (including, but not limited to, on websites, in domain names, in hidden

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text, or in metatags); and (2) from maintaining registrations for, registering, or trafficking in any

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domain name containing Plaintiff’s MGM Marks or any confusingly similar variations thereof,

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alone or in combination with any other letters, words, letter strings, phrases or designs, including

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but not limited to the <circuscircuspoker.com>, <luxorpoker.com>, and <mgmpoker.com>

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domain names;

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IT IS HEREBY FURTHER ORDERED that the domain name registrations for the

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<circuscircuspoker.com>, <luxorpoker.com>, and <mgmpoker.com> domain names be forfeited

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and transferred to Plaintiff, MGM Resorts International Operations, Inc.;

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IT

IS

HEREBY

FURTHER

ORDERED

that

the

current

registrar

of

the

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<circuscircuspoker.com> domain name and/or the “.com” registry, including, without limitation,

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Melbourne IT Ltd., shall transfer the registration for the <circuscircuspoker.com> domain name to

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Plaintiff, MGM Resorts International Operations, Inc.;

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IT IS HEREBY FURTHER ORDERED that the current registrar of the <luxorpoker.com>

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and <mgmpoker.com> domain names, and/or the “.com” registry, including, without limitation,

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GoDaddy.com,

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<mgmpoker.com> domain names to Plaintiff, MGM Resorts International Operations, Inc.;

Inc.,

shall

transfer

the

registrations

for

the

<luxorpoker.com>

and

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IT IS HEREBY FURTHER ORDERED that Defendant CIAMILLO shall pay Plaintiff

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statutory damages in the amount of $100,000.00 pursuant to the Anti-cybersquatting Consumer

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Protection Act;

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IT IS HEREBY FURTHER ORDERED that Defendant POKERSONS shall pay Plaintiff

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statutory damages in the amount of $200,000.00 pursuant to the Anti-cybersquatting Consumer

Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

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2616972.1

Case 2:11-cv-01929-PMP -CWH Document 40-1

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Protection Act;
IT IS HEREBY FURTHER ORDERED that the Clerk of the Court shall refund Plaintiff’s
$100.00 cash deposit by mailing a check in the amount of $100 to Plaintiff’s counsel of record;
IT IS HEREBY FURTHER ORDERED that the Court shall retain jurisdiction of this case
for the purpose of enforcing this order; and
IT IS HEREBY FURTHER ORDERED that the Clerk of the Court shall prepare and enter
a separate judgment consistent with the terms of this order.

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________________________________
UNITED STATES DISTRICT JUDGE
DATED: January 26, 2012
________________________

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Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

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Case 2:11-cv-01929-PMP -CWH Document 40-1

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CERTIFICATE OF SERVICE

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I hereby certify that on January 24, 2012, I caused a true and accurate copy of the

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foregoing document entitled ORDER GRANTING PLAINTIFF’S MOTION FOR DEFAULT

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JUDGMENT AND OTHER RELIEF, to be served via the Court’s CM/ECF system upon the

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following counsel of record:

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Rebecca A. Fuller, Esq.
[e-mail]
10795 W. Twain Ave., Suite 104
Las Vegas, NV 89135
United States

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I hereby further certify that, on January 24, 2012, I caused a true and accurate copy of the

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foregoing document entitled ORDER GRANTING PLAINTIFF’S MOTION FOR DEFAULT

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JUDGMENT AND OTHER RELIEF, to be served via first class, U.S. Mail, postage prepaid, and

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by email, upon the following non-CM/ECF participants:

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PokerSons
Roberto Ciamillo
[e-mail]
[e-mail]
12C Portland Place
49139 Village Point Drive
London, W1B 1JA
Shelby Township, MI 48315
England
United States
Dated: this 24th day of January, 2012
/s/ Jonathan W. Fountain
An employee of Lewis and Roca LLP

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Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

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