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MGM Resorts International v. Registrant of Livemgm.Com

United States District Court, D. Nevada

April 21, 2017

MGM RESORTS INTERNATIONAL, Plaintiff,
v.
REGISTRANT OF LIVEMGM.COM, Defendant.

          Michael J. McCue Nevada Bar No. 6055 Jonathan W. Fountain Nevada Bar No. 10351 Lewis Roca Rothgerber Christie LLP Attorneys for Plaintiff MGM Resorts International

          ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

          JAMES C.MAHAN UNITED STATES DISTRICT JUDGE

         Plaintiff MGM Resorts International (“Plaintiff” or “MGM Resorts”) has moved the Court for entry of a preliminary injunction based upon Defendant's use of Plaintiff's federally registered trademarks (U.S. Trademark Reg. Nos. 1, 060, 489, 2, 534, 227, and 1, 043, 787) (the “MGM Marks”) in the <livemgm.com> domain name and on the <livemgm.com> website.

         The Court, having duly considered Plaintiff's Complaint (ECF No. 1), Motion for Preliminary Injunction (ECF No. 10), and the declarations and exhibits submitted therewith, hereby makes the following findings and conclusions:

         1. On April 7, 2017, the Court entered its Order Granting Plaintiff's Ex Parte Motion for Alternative Service and Temporary Restraining Order (ECF No. 11). The order required Plaintiff to, among other things, by April 10, 2017, serve the Summons, Complaint, Plaintiff's Motion for Preliminary Injunction, the supporting declarations thereto, and the Court's April 7, 2017 Order, upon Defendant by email to livemgm@domainsbyproxy.com. The order also required Plaintiff to deposit $100 with the Clerk of the Court as security for the temporary restraining order. The order further required Defendant to file and serve any opposition to Plaintiff's Motion for Preliminary Injunction by April 14, 2017, and set April 21, 2017 at 10:00 a.m. as the date and time for hearing on Plaintiff's Motion for Preliminary Injunction.

         2. On April 10, 2017, Plaintiff served, among other documents, the issued Summons, Complaint, Plaintiff's Motion for Preliminary Injunction, the supporting declarations thereto, and the Court's April 7, 2017 Order upon Defendant by email to livemgm@domainsbyproxy.com (ECF No. 12).

         3. On April 10, 2017, Plaintiff deposited $100 with the Clerk of the Court (ECF No. 13).

         4. Defendant failed to file and serve an opposition to Plaintiff's Motion for Preliminary Injunction by April 14, 2017.

         5. Defendant failed to appear at the April 21, 2017 hearing on Plaintiff's Motion for Preliminary Injunction.

         6. Plaintiff is likely to succeed on the merits of its claim for cybersquatting in violation of 15 U.S.C. § 1125(d). Plaintiff is likely to succeed in showing that Defendant registered <livemgm.com> with a bad faith intent to profit from Plaintiff's MGM Marks; that Plaintiff's MGM Marks were distinctive when Defendant registered <livemgm.com>; and that Defendant's domain name, <livemgm.com> is confusingly similar to Plaintiff's federally registered, incontestable, MGM Marks. Plaintiff is also likely to succeed on the merits of its claim for trademark infringement in violation of 15 U.S.C. § 1114(a). Plaintiff is likely to succeed in showing that Plaintiff owns valid federal trademark registrations for its MGM Marks and that Defendant's use of confusingly similar marks on the <livemgm.com> website is likely to cause consumer confusion.

         7. Plaintiff has suffered irreparable injury to its reputation and goodwill as Defendant's conduct has already caused one consumer to falsely associate Defendant's online casino services with Plaintiff. Absent preliminary injunctive relief, Plaintiff is likely to continue to suffer irreparable injury and harm as a result of Defendant's impersonation of Plaintiff through Defendant's <livemgm.com> domain name and website.

         8. The harm to Plaintiff in denying the requested preliminary injunction outweighs the harm to the legitimate interests of Defendant from granting such relief.

         9. The public interest weighs in favor of granting Plaintiff the requested preliminary injunction.

         NOW THEREFORE, IT IS HEREBY ORDERED THAT Plaintiffs Motion for Preliminary ...


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