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***GambLux EDITOR NEWS*** |
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Gameologist Group LLC sues The New York Lottery
[Saturday, November 29, 2008]
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Balestriere Lanza PLLC, on behalf of their client, Gameologist Group LLC, has filed a multi-million dollar lawsuit in the New Jersey Federal District Court against The New York Lottery and Scientific Games, Inc. for alleged trademark infringement.
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According to the complaint, in 2003 Gameologist, which specializes in gaming products and games similar to those found in casinos, created the lottery scratch card game "Bling Bling," and registered the words and logo with the US Patent and Trademark Office. The NY Lottery and Scientific Games rejected the trademark in 2004, claiming that it was "too ethnic" and that it did not meet various salability standards. Yet, the NY Lottery released the new scratch-off game "Bada Bling" in 2007, which was very similar to the game "Bling Bling" created by Gameologist. It even used the word "bling" which is a dominant word from Gameologist's registered trademark.
According to Gameologist's lawyer Craig Stuart Lanza, Gameologist communicated with the New York Lottery upon discovering the alleged trademark infringement for an amicable agreement. Gameologist also requested a reasonable licensing agreement for the use of their trademark. However, the NY Lottery refused to enter any agreement. NY Lottery even encouraged Gameologist to sue them. Lanza assumed that NY Lottery did so believing that a small company like Gameologist would not have the means to sue.
New York Lottery's "Bada Bling" scratch cards have a run rate of 16 million tickets at 10 USD each, totaling to 160 million USD in revenue. The NY Lottery retains 15% of the revenue from the "Bada Bling' scratch cards, thus earning as much as 24 million USD in gross profits. Gameologist is suing for their rightful share of the 24 million USD plus damages for knowingly infringing on and using another company's trademark.
It is not usual for a minority-owned small business such as Gameologist to be able to sue a large company like the NY Lottery. Lanza explains that this case is about big companies stealing protected intellectual property from a smaller business, in the belief that they would not be sued. Balestriere Lanza PLLC, which specialize in representing and helping both individuals and companies with trials and investigations, "look forward to pushing this case to trial to obtain justice for Gameologist".
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