Las Vegas Sands Corp. v. Traffic Label Limited

Filing 20

DEFAULT JUDGMENT in favor of Plaintiff Las Vegas Sands Corp. against Defendant Traffic Label Limited, in the amount of $100,000.00 for damages pursuant to the Anti-Cybersquatting Consumer Protection Act. Signed by Judge Kent J. Dawson on 11/13/12. (Copies have been distributed pursuant to the NEF - MMM)

1 Michael J. McCue (NV Bar No. 6055)
[e-mail]
2 Jonathan W. Fountain (NV Bar No. 10351)
[e-mail]
3 LEWIS AND ROCA LLP
3993 Howard Hughes Parkway, Suite 600
4 Las Vegas, Nevada 89169
Tel: [phone]
5 Fax: [phone]
6 Attorneys for Plaintiff
LAS VEGAS SANDS CORP.
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LAS VEGAS SANDS CORP., a Nevada
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Case No. 2:12-cv-01043-KJD-CWH

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

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Plaintiff,
v.

15 TRAFFIC LABEL LIMITED, a business
organization of the United Kingdom,
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Defendant.
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Plaintiff Las Vegas Sands Corp. (“Plaintiff” and/or “LVSC”), having moved the Court

19 for entry of default judgment against Defendant Traffic Label Limited (“Defendant” and/or
20 “Traffic Label”) pursuant to Rule 55 of the Federal Rules of Civil Procedure, the Clerk of the
21 Court, having entered Defendant’s default on July 17, 2012, and, the Court having given due
22 consideration to Plaintiff’s motion, as well as the papers, pleadings, declarations, and exhibits
23 offered in support thereof, and the Court being otherwise further fully advised, Plaintiff’s motion
24 is granted.
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JUDGMENT is awarded in favor of Plaintiff and against Defendant. The Court hereby

26 FINDS the following:
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Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

1.

Las Vegas Sands Corp. owns U.S. trademark rights in the SANDS trademark,

28 including the following United States trademark registrations (hereinafter the “SANDS Marks”):
-13080154.1

1

Mark

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Goods and Services

10/18/2011

3850500

9/21/2010

1209102

9/14/1982

Hotel, restaurant, bar services, catering services,
providing facilities for conventions, banquets,
social functions, fund raising and special events.
Casino services; gambling services; gaming
services; entertainment services in the nature of
boxing contests and art exhibition; arranging of
seminars and conferences; educational
demonstrations; rental of portable stages; rental
of audio-visual equipment; preparation of special
effects for trade show booths and exhibitions;
entertainment, namely, lighting production.
Entertainment Services-Namely, Providing Stage
Show, Gambling and Casino Services.

3838397

8/24/2010

Casino services; gambling services; gaming
services; Entertainment services in the nature of
boxing contests and art exhibitions; arranging of
seminars and conferences; educational
demonstrations; rental of audio-visual
equipment; rental of portable stages; rental of
audio-visual equipment; preparation of special
effects for trade show booths and exhibitions;
entertainment, namely, lighting production.

3504043

9/23/2008

3930913

SANDS

U.S. Reg. Date

4042291

2 SANDS

U.S. Reg. No.

3/15/2011

Providing and rental of exhibition stands and
booths including respective equipment;
organizing exhibitions for commercial or
advertising purposes; planning and conducting of
trade fairs, exhibitions and presentations for
economic or advertising purposes; consultation
relating to trade fairs; rental of advertising space;
rental of office machinery and equipment.
Providing convention facilities; Resort hotels

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3.

Las Vegas Sands Corp. owns the exclusive right to use the SANDS Marks in

22 commerce in connection with casino services;
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3.

Traffic Label Limited registered the <lasvegassandscorp.com> domain name with

24 a bad faith intent to profit therefrom;
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6.

Traffic Label Limited is liable to Las Vegas Sands Corp. for cybersquatting

26 pursuant to the Anti-cybersquatting Consumer Protection Act;
27
Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

7.

Absent a permanent injunction, should Traffic Label Limited’s use of marks

28 identical to or confusingly similar to the SANDS Marks continue, Las Vegas Sands Corp. will
-23080154.1

1 continue to suffer irreparable injury to the goodwill and reputation Las Vegas Sands Corp. has
2 established in the SANDS Marks, for which an award of money damages would be inadequate;
3

8.

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

4 of Las Vegas Sands Corp. and against Traffic Label Limited; and
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9.

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

6 granting Las Vegas Sands Corp. a permanent injunction against Traffic Label Limited.
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Accordingly, IT IS HEREBY ORDERED that Traffic Label Limited, along with its

8 agents, servants, employees and/or all other persons acting in concert or participation with it a
9 hereby PERMANENTLY ENJOINED: (1) from making any use of the SANDS Marks or any
10 confusingly similar variations thereof, alone or in combination with any other letters, words,
11 letter strings, phrases or designs, in commerce or in connection with any business or for any
12 purpose whatsoever (including, but not limited to, on websites, in domain names, in hidden text,
13 or in metatags); and (2) from maintaining registrations for, registering, or trafficking in any
14 domain name containing the SANDS Marks or any confusingly similar variations thereof, alone
15 or in combination with any other letters, words, letter strings, phrases or designs, including but
16 not limited to the <lasvegassandscorp.com> domain name;
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IT IS HEREBY FURTHER ORDERED that the domain name registration for the

18 <lasvegassandscorp.com> domain name be forfeited and transferred to Las Vegas Sands Corp.;
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IT

IS HEREBY FURTHER

ORDERED that the current registrar of the

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

GoDaddy.com,

Inc.,

shall

forthwith

transfer

the

registration

for

the

22 <lasvegassandscorp.com> domain name to Las Vegas Sands Corp.;
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IT IS HEREBY FURTHER ORDERED that Traffic Label Ltd. shall pay Las Vegas

24 Sands Corp. damages in the amount of $100,000.00 pursuant to the Anti-cybersquatting
25 Consumer Protection Act;
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IT IS HEREBY FURTHER ORDERED that the Clerk of the Court shall refund the

27 $100.00 cash deposit paid by Las Vegas Sands Corp. by mailing a check in the amount of $100
Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

28 to Las Vegas Sands Corp.’s counsel of record;
-33080154.1

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IT IS HEREBY FURTHER ORDERED that the Court shall retain jurisdiction of this

2 case for the purpose of enforcing this order;. and
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IT IS HEREBY FURTHER ORDERED that the Clerk of the Court shall prepare and

4 enter a separate judgment consistent with the terms of this order.
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________________________________
UNITED STATES DISTRICT JUDGE

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November 13th, 2012
DATED: ________________________

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

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-43080154.1