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The only problem is that Las Vegas already has its own ?Plaza? hotel ? The Plaza Hotel & Casino located at the end of Fremont Street in downtown Las Vegas for the last 30 years. And while Las Vegas? Plaza Hotel may not be as luxurious as the more well-known Plaza hotel in New York, fans of downtown Las Vegas will agree that this property has become a long-standing fixture of downtown Las Vegas and has held its own over the years amongst the hotel/casinos along ?Glitter Gulch? and even amongst those on the Las Vegas Strip.

In addition, on June 1, 2007, Tamares filed two federal servicemark applications for the mark PLAZA LAS VEGAS (for casinos and ?Hotel, bar and restaurant services provided in Las Vegas, Nevada? [Comment: Interesting limitation of services]). Then on June 6, 2007, Tamares filed two additional service mark applications for PLAZA HOTEL AND CASINO (and design) for casinos and hotel, bar and restaurant services. Because El-Ad?s applications were earlier filed and because of the potential likelihood of confusion, the PTO suspended prosecution of Tamares? applications pending disposition of El-Ad?s applications.

So, naturally, when El-Ad?s applications started getting published for opposition, it is no surprise that Tamares filed oppositions to registration. See Tamares Las Vegas Properties, LLC v. Plaza IP Holdings LLC (USA), Opposition Nos. 91181304, 91181273, 91181266, and 91181236 (T.T.A.B. Filed December 12, 2007). Of course, all of these oppositions have been suspended pending the outcome of the civil action.

While the lawsuit was initially filed in Clark County District Court, El-Ad removed the case to federal court; however, Tamares succeeded in having the case remanded back to state court (background article from Haaretz.com). After deciding various summary judgment motions brought by both parties, the court scheduled the case for jury trial beginning next week.

Vegas?Esq. Comments:

This should be an interesting case. Without the benefit of any pleadings, I can only speculate as to the claims and counterclaims -- other than the obvious claims by Tamares that El-Ad's use of the ?Plaza? name for its ?Plaza Las Vegas? hotel will cause reverse confusion.

El-Ad is probably trying to argue that consumers will not confuse its famed high-end luxury ?Plaza? brand with Tamares? downtown hotel and casino, which explains why the jury will actually be touring the Plaza Hotel & Casino during the trial. However, I think most consumers encountering just the marks alone ?Plaza Las Vegas? and ?Plaza Hotel & Casino? would believe they are affiliated ? and moreover, would associate ?Plaza Las Vegas? with the Plaza Hotel & Casino given the long-standing use of the ?Plaza? name in connection with this Las Vegas hotel and casino.

While El-Ad could try to argue that ?plaza? is so widely used in conjunction with hotels nationwide that the word doesn?t serve as a source identifier (do a Google search for the words "plaza" and "hotel" and see what you find after you get past the obvious hits), that kind of argument would seem to go against El-Ad?s own trademark interests in the ?Plaza? brand name.

El-Ad may also try to argue that it actually has superior senior rights to ?The Plaza? name for hotel services due to the long-standing use and fame of the name in connection with its New York hotel; however, El-Ad will have a tough time trying to explain away Tamares? long-standing open and notorious use of the ?Plaza? name in connection with its Las Vegas hotel/casino (although the Las Vegas hotel/casino may have only been known just by the words ?Plaza? since 2004 which gives El-Ad some argument that its rights are superior -- and also helps should Tamares attempt to assert a laches defense to any counterclaim of infringement by El-Ad). In addition, ?The Plaza? is famous for hotels, but can the same be true for ?casino services.?

However, if El-Ad cannot stop Tamares? use of the ?Plaza? name, I would think that El-Ad would be more concerned that consumers might actually think that the Plaza Hotel & Casino is somehow affiliated with El-Ad?s Plaza Las Vegas and be disappointed when the Plaza Hotel & Casino is not as upscale as they would have expected from the owners of ?The Plaza Las Vegas? ? which ultimately harms El-Ad?s goodwill in its own ?Plaza? brand. But I guess if you pay $675 million for an old piece of New York property with a well-recognized name, you might be eager to try and exploit that name to get your money's worth on your investment.