United States District Court, D. Nevada
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
C.MAHAN UNITED STATES DISTRICT JUDGE
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.
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:
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 firstname.lastname@example.org. 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.
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 email@example.com (ECF No. 12).
April 10, 2017, Plaintiff deposited $100 with the Clerk of
the Court (ECF No. 13).
Defendant failed to file and serve an opposition to
Plaintiff's Motion for Preliminary Injunction by April
Defendant failed to appear at the April 21, 2017 hearing on
Plaintiff's Motion for Preliminary Injunction.
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
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.
harm to Plaintiff in denying the requested preliminary
injunction outweighs the harm to the legitimate interests of
Defendant from granting such relief.
public interest weighs in favor of granting Plaintiff the
requested preliminary injunction.
THEREFORE, IT IS HEREBY ORDERED THAT Plaintiffs Motion for