Malaysian-listed casino operator Genting Berhad has described a lawsuit filed by Wynn Resorts Holdings claiming Resorts World Las Vegas LLC’s under-construction Las Vegas integrated resort copies Wynn’s design as failing to provide any evidence or “coherent or credible explanation” supporting its assertion.
Genting’s local subsidiary, which is due to open the US$4 billion Resorts World Las Vegas in late 2020, filed late last week its opposition to an application by Wynn that seeks to halt construction of the property, located directly opposite at the northern end of the Las Vegas Strip.
Wynn’s original lawsuit, filed on 21 December 2018, had cited “a substantially similar architectural design and trade dress.”
However, Genting’s opposition vehemently denies that Resorts World Las Vegas will look similar to its nearest neighbor, stating Wynn’s application “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.
“When open for business in late 2020, [Resorts World Las Vegas] will look dramatically different from the Plaintiff’s properties. A pictorial representation of the completed Resorts World Las Vegas resort and casino was included in the Opposition to dispel any suggestion that a reasonable consumer could confuse the Defendant’s and the Plaintiff’s resort and casino for each other.”
Genting also rejected an assertion by Wynn that the alleged similarity in design would cause the company “imminent and irreparable harm”.
“The Defendant maintains that the Plaintiff did not produce any evidence or provide any coherent or credible explanation of how a construction site that is not providing or marketing any service whatsoever could have such detrimental effect on the Plaintiff’s reputation and goodwill, nor satisfy the requisite showing that such an effect is both likely and imminent.”
Genting said that construction of its Las Vegas IR continues unabated while the company prepared its defense to Wynn’s main lawsuit.
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