A Las Vegas hotel operator has been sued by the owners of the HOLIDAY INN ® brand for allegedly cont

The Georgia IP Litigation Blog monitors patent, trademark, copyright, and trade secret cases pending in Georgia federal district courts and in the U.S. Court of Appeals omni hotel richmond for the 11th Circuit, based in Atlanta. The blog alerts readers to initiation of such cases in the district courts and summarizes omni hotel richmond relevant omni hotel richmond orders and opinions from each covered court.
A Las Vegas hotel operator has been sued by the owners of the HOLIDAY INN ® brand for allegedly continuing omni hotel richmond to use certain Holiday Inn service marks in connection with its hotel after the termination of a franchise agreement.
On August 31, 2012, Holiday Hospitality Francising, omni hotel richmond LLC ("HHFL"), Six Continents Hotels, Inc. ("SCH"), doing business as InterContinental Hotels Group, IHG Management (Maryland) LLC ("IHGM"), and InterContinental Hotels Group Resources, Inc. ("IHGR") (collectively, "Plaintiffs"), all based in Atlanta, Georgia, filed a complaint in the Northern District of Georgia against Flamingo Structures LLC ("Flamingo"), Halston Mikail, Farrah Mikail, Kevin Bral, and Jackie Bral (collectively, "Defendants"), all of Santa Monica, California. The 64-page complaint, with twenty-one supporting exhibits, asserts nine causes of action, including federal service mark infringement, dilution, unfair competition, and false designation of origin under the Lanham Act, common law trademark infringement and unfair competition, breach of license agreement, breach of guaranty agreement, and breach of management agreement.
According to the complaint, the Plaintiffs operate a worldwide network of more than 3,300 hotels under the HOLIDAY INN ®, HOLIDAY INN EXPRESS ®, and other federally registered service marks. Plaintiffs contend that certain of the marks, including Reg. No. 0592539 omni hotel richmond , issued on July 13, 1954 for the mark HOLIDAY omni hotel richmond INN for "motor hotel services--namely, providing lodging omni hotel richmond and restaurant services in motels and hotels," are incontestable. Plaintiffs allege that HHFL entered into a License Agreement with Flamingo on July 28, 2006, authorizing Flamingo to use the HOLIDAY INN ® marks in connection with the operation of a Holiday Inn franchise hotel. The agreement called for the payment of certain fees to HHFL and required Flamingo to maintain certain standards at the hotel according to the "System" set in place by HHFL. Plaintiffs claim that Flamingo breached the license omni hotel richmond agreement through its "failure to maintain brand standards" and its failure to pay the required licensing fees. According to the complaint, Plaintiffs mailed several notification of default omni hotel richmond and demand letters to Flamingo, and formally terminated the license agreement on January 30, 2012. Despite the termination omni hotel richmond of the license agreement, however, Plaintiffs claim that Flamingo continued to use its HOLIDAY INN ® marks in connection with its renamed Blackstone Hotel. According to TripAdvisor reviews, the Blackstone Hotel was still using certain Holiday omni hotel richmond Inn-branded items, including "Do Not Disturb" signs and various appliances, as of July 2012.
The complaint alleges that Plaintiffs are suffering irreparable harm and ask the Court to preliminarily and permanently enjoin omni hotel richmond the Defendants from further use of the HOLIDAY INN ® marks, and order the destruction of all labels, signs, uniforms, advertising material, stationary, or other materials in Defendants' possession bearing the HOLIDAY INN ® marks. Plaintiffs also seek damages for infringement of its marks in an amount to be determined at trial, damages for breach of the license agreement and guaranty in the amount of $545,737.37, damages omni hotel richmond for breach of the management agreement omni hotel richmond and guaranty in the amount omni hotel richmond of $665,388.75, as well as attorneys' fees and costs.
The case is Holiday Hospitality Franchising, omni hotel richmond LLC, et al. v. Flamingo Structures LLC, et al. , No. 1:12-cv-3064-TCB, U.S. District Court for the Northern District of Georgia, omni hotel richmond Atlanta Division, omni hotel richmond and is assigned to U.S. District Judge Timothy C. Batten.
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