MARTINSBURG – PNGI Charles Town Gaming and Hollywood Casinos are suing a pawn shop and the owner of a gentlemen’s club, alleging it violated federal trademark infringement laws.
For more than 30 years, Hollywood Casino has been a nationally recognized brand for gaming, entertainment, hospitality and other services and there are currently 14 Hollywood branded facilities operating across the country, according to the March 19 complaint filed in U.S. District Court for the Northern District of West Virginia.
The plaintiffs learned in later 2017 that the defendants intended to open a pawn shop directly across the street from Hollywood Casino and that they intended to brand the pawn shop “Hollywood Pawn.”
The defendants then erected a large, lit sign that mimicked the combination of block and script lettering that the plaintiffs have used for the Hollywood Casino logo for more than 20 years, according to the suit.
The plaintiffs claim the defendants then began using the Hollywood Pawn branded premises to market the services of Lust Gentlemen’s Club, which is owned by Brent Jackson.
The defendants use the Hollywood Pawn branded premises to market the services of Lust Gentlemen’s Club by parking a shuttle van that prominently displays the large, hot pink Lust logo on the side of the van.
On Oct. 6, the plaintiffs’ counsel wrote the defendants, advising them of the plaintiffs’ rights in the Hollywood Casino mark and demanded the defendants discontinue all use of the mark Hollywood Pawn, according to the suit. The plaintiffs’ counsel sent a second letter on Oct. 16, after not hearing from the defendants.
The defendants responded on Oct. 27 through counsel and, on Nov. 6, agreed to remove the Hollywood Pawn sign and change the name of the business.
On Dec. 11, the defendants changed the name of the business to Casino Pawn and continued to use their false association with Hollywood Casino to promote their Lust Gentlemen’s Club business.
The plaintiffs claim Jackson was sued in 2009 over trademark infringement for nearly identical conduct regarding infringing on the rights of The Woods Club and naming his third-party business Woods One Stop. That lawsuit was dismissed after Jackson agreed to change the name of his shop.
The plaintiffs are seeking for the defendants to stop infringing on their rights and compensatory and punitive damages. They are represented by Susan R. Snowden of Jackson Kelly and Hara J. Jacobs of Ballard Spahr.
U.S. District Court for the Northern District of West Virginia case number: 3:18-cv-00038