Ocean Casino Resort filed a lawsuit at a federal court on Tuesday, accusing Live! Casino & Hotel Philadelphia of “infringement and unfair competition” for using a similar marketing slogan without its consent.
The Atlantic City hotel and casino argued that its “Go for the Win” marketing slogan is its “unique and distinct service product. In fact, Ocean filed an intent-to-use application for the slogan with the U.S. Patent and Trademark Office last May.
Seeking A Court Order
According to the lawsuit, Live! Casino and Hotel’s marketing campaign was done “with full knowledge and conscious disregard of the rights of Ocean, and are willful, intentional, and deliberate acts, made in bad faith with the intent to trade on the goodwill and of the service mark of Ocean.”
Lawyers representing Ocean said that the “unauthorized use” of its slogan will cause confusion, mistake, and deception that the two gambling properties are connected. Likewise, Ocean stated that its ability to offer services under its “Go for the Win” campaign has been disrupted.
As a result, Ocean Casino Resort is seeking a court order to prevent Live!Casino & Hotel from using the marketing slogan and instruct Live! Casino & Hotel to destroy all marketing collaterals associated with the advertising campaign.
Part of Efforts to Bring Back Customers
Ocean Resort Casino launched the “Go for the Win” marketing campaign last June as part of their efforts to bring back their customers amid the COVID-19 pandemic. Ocean reportedly spent $140,000 to develop the marketing campaign with its advertising agency.
The Atlantic City casino added that it spent more than $1.5 million to promote the campaign in the South Jersey and Philadelphia regions via advertisements on billboards and media platforms.
One month later, Live! Casino & Resort came up with its “Let’s Go for the Win” promo to generate more business for its brand news Southern Philadelphia gambling property. Live! Casino used its marketing slogan in ads on TV, social media, and websites. The company even placed it on a huge electronic billboard near Ocean Casino Resort in Atlantic City.