Reverse Cybersquatting in Las Vegas

Cosmopolitan Resort & Casino goes following owner of CosmopolitanResort.com.

Las Vegas has always been a high stakes town. A recent lawsuit suggests it’s also high stakes for domain names.

In an obvious case of “reverse cybersquatting”, a fresh resort and casino in Las Vegas is going following the owner of CosmopolitanResort.com. Ryan Gile, a Las Vegas trademark attorney, writes regarding the saga on his blog.

Here are the facts:

1. Tim Griffin, a domain investor, registered the domain CosmopolitanResort.com on August 15, 2003.

2. 3700 Associates, which is developing the Cosmopolitan Resort & Casino, disclosed the name of its project in November 2004.

2. 3700 Associates sued Griffin for cybersquatting based on use of CosmopolitanResort.com, despite Griffin registering it more than a year ahead of it named its project.

3700 Associates brought the case in Nevada. Griffin argued that it’s the wrong jurisdiction since he is in Florida, and the judge agreed. Griffin’s motion to dismiss also points out how 3700 Associates’ case is reverse cybersquatting.

Trademark attorney Gile summarizes the position 3700 Associates finds itself in now:

I don’t know for how much Griffin is willing to sell the cosmopolitanresort.com domain name, but I would think at this stage, it would be cheaper for 3700 Associates to buy it from Griffin rather than to continue to litigate over it.

Gile is correct. Still, the cost of purchasing this domain has certainly increased now that 3700 Associates has taken to the bullying approach to get the domain.