Marquee Nightclub Files Trademark Infringement Lawsuit Against AMC Cinemas

July 13th, 2010

Marquee nightclub filed suit yesterday against AMC Cinema, asking for damages and a permanent injunction to protect its intellectual property.

trademark infringementAMC operates almost 300 theatres and had planned to use the name ‘Marquee’ as a name for a new Las Vegas restaurant it planned to open; however this suit may halt those plans. The Marquee nightclub’s complaint alleges that AMC is already infringing upon the nightclub’s trademark rights by operating “The Marquee” restaurant which opened in Kansas City last year.

In addition to infringing upon the ‘Marquee’ name, the nightclub’s filing alleges that AMC is infringing because the design elements of AMC’s “The Marquee” restaurant were “obviously copied” from the Marquee’s Chelsea nightclub.

In response, AMC’s filing asserts that;

“The AMC restaurant is part of an ordinary cinema complex that on closer inspection does not present the chic, upscale appearance, style, service and clientele of a trend setting, stand-alone nightclub such as plaintiff’s Marquee nightclub…

For example, AMC’s restaurant serves hot dogs, breakfast and other low-priced foods, typical of movie theater fare, not of a top level night club.”

This outcome of this suit will certainly dictate which company can use the ‘Marquee’ name in conjunction with its business operations. AMC wasn’t the only one with plans to open up business in Las Vegas, the Marquee nightclub owners say they’re readying their own expansion to the Sin City, and that AMC is “interfering” with investment deadlines.

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Marquee nightclub sues AMC theater chain for trademark infringement