Genting Denies Wynn Copyright Claims, Prepares for Court

  • Genting Berhard denies wrongdoing, responding to Wynn Resorts’ claims that the company had copied its design for an upcoming integrated resort property in Las Vegas
  • The company has presented visual proof and pushes ahead with construction while preparing to meet Genting in court
  • Massachusetts wraps up probe against former CEO Steve Wynn

Embroiled in a dispute over copyrights, the impasse between Genting Berhard and Wynn Resorts remains unchanged. Genting Berhard has denied wrongdoing or attempting to copy the design of Wynn in the newly-constructed Resorts World Las Vegas LLC integrated resort.

Genting Berhard Says It Didn’t Copy Wynn Resorts’ Design

In December, Wynn Resorts lodged a lawsuit against Genting Berhard’s Resorts World Las Vegas LLC and its property under construction in Las Vegas. The $4-billion project developed by Genting’s subsidiary is due to arrive late in 2020, located in the vicinity of an already existing Wynn property.

Last week, Genting filed their official rebuttal of Wynn Resorts’ demands to halt construction and overhaul the exterior design of the property. In their filing dated December 21, 2018, Wynn Resorts said that the property had “a substantially similar architectural design and trade dress.”

Wynn Wins Temporary Extension on Report Confidentiality

On the other hand, Genting has been set against the position outlined by the plaintiff. According to the company, the Resorts World Las Vegas will not resemble its neighbor, with Genting laying down the following argument:

[Wynn’s position] is predicated on speculative extrapolation regarding the appearance of the Defendant’s unfinished resort and casino, which is still in an early stage of construction with nearly two years left to go before opening.

Genting’s answer said that the final property would look “dramatically different” than Wynn’s own property. Furthermore, Genting said that the design would in no way suggest to a customer that they are entering a Wynn-owned property.

Based on Genting’s position, so far there has been no substantial evidence that proves, within reason, that the company’s subsidiary was actively trying to copy the design of its main competitor. Genting will push ahead with its integrated resort construction plans while at the same time gearing up to face Wynn in court if need be.

Genting even included a “pictorial representation” of the completed Resorts World Las Vegas (RWLV) resort and casino in order to assuage fears that the company was intentionally copying the design of the plaintiff.

Genting’s position is well-presented, which means that they are fully-prepared to take action in court. Wynn Resorts has been embroiled in a sex scandal, investigated by Massachusetts that has now finally come to an end. Nevertheless, no public information is available yet, as the state’s investigators have agreed to honor a request from Steve Wynn, the former CEO of the company.

A public release of the report might give grounds to opponents of Mr. Wynn to pursue legal recourse against him, the position read.

George Hansen

Taking a liking to the occasional bout of slots, George used to moonlight as a roulette dealer, giving him a unique perspective into the casino world. From there he continued his journalist education and has been with us ever since a star-aligned graduation brought him and our team together.

Wynn Sues Genting Vegas for Copyright Infringement and More

In the iGaming industry, everyone copies from everyone. However, Wynn Resorts Ltd is prepared to challenge this in court, filing a lawsuit in Nevada and going after Genting Vegas.

Genting Vegas in Legal Waters with Wynn Resorts

Wynn Resorts Ltd. is going after Genting Vegas arguing against the latter’s latest design decision that have clearly borrowed from the layout of Wynn, the plaintiff has stated. Headquarter in Malaysia, Genting is known for its exquisite designing practices, but this is the first time that the company has faced copyright infringement lawsuit.

According to the Las Vegas Review-Journal, a daily newspaper, Wynn Resorts Ltd. is seeking “exemplary and punitive damages”, as Genting have knowingly and intentionally violated the copyright of Wynn Resorts. The company is now targeting Genting across four specific areas, including:

  • State trademark dilution
  • Copyright infringement
  • Federal trade dress infringement
  • Unfair competition

Understandably, the cost of such a lawsuit could easily go beyond anything reasonable, as the projects themselves are worth billions of dollars. In the case of Resorts World Las Vegas LLC (the Genting property), the facilities are worth $4 billion and the project comes with 3,000 rooms spread across 87 acres and with a scheduled opening in 2020.

In this case, the devil is in the detail, as Genting has copied elements from the design that are the trademark of Wynn captured by properties in multiple locations.

The architectural design embodied in defendant’s Resorts World Las Vegas hotel and casino is substantially similar to plaintiff’s registered copyrighted architectural work, and therefore defendant is violating plaintiff’s copyrights in addition to plaintiff’s registered and common law trade dress.

As per the lawsuit, Wynn is seeking not to shut down the project, but make sure that it uses legal recourse to ensure that any materials that are its own trademark will be stripped from Genting’s property. This could cause quite the financial damage to the company, as most of the materials have already been pre-purchased and paid for.

According to Mark Lemley, Stanford University director of science and technology program, architects are allowed to “copy” their designs and for a trademark claim to be successful, Wynn will have to prove that Genting was intentionally trying to mislead customers to think they are entering a different brand’s authority.

Former Steve Wynn partner Kazuo Okada has agreed to a $2.6 billion settlement to give the go-ahead to the sale of his share in the company.

Wynn has been actively and meanly protecting their own designs. Recently, though, the company was embroiled in what seemed a design theft, with one of Steve Wynn’s partners, Kazuo Okada, receiving payment worth $4.2 billion for the company reportedly using his author designs without a permission. Mr. Okada also agreed to a $2.6 billion most recently to allow the sale of his share in the company.

A lawsuit that makes a claim on the authenticity and originally of the design is also very difficult to fight in court and it’s one of the least common cases there. Architectural copyright is no joke and Wynn are right to protect the company’s distinct signature style.

However, assuming an overbearing approach can backfire in the long-term and cause more legal woe than the company originally intended to create. Besides, Wynn Resorts already have enough on their plate.

Sophia Rojas

Growing up around law firms, Sophia keeps our team of reporters atop any legislative developments to follow up with a welcomed dose of positive news as our house trivia nut!