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Resorts World Las Vegas responds to Wynn Resorts’ lawsuit

Updated January 11, 2019 - 5:55 pm

Attorneys representing Resorts World Las Vegas say it might look like the Wynn Las Vegas and Encore now, but it won’t by the time it’s done.

“Upon completion, RWLV will look dramatically different from Wynn’s properties, dispelling any suggestion that a reasonable consumer could confuse the two resorts for each other,” Resorts World representatives said in a response to a Wynn Resorts Ltd. lawsuit filed Dec. 21 in the U.S. District Court of Nevada.

The Resorts World filing includes renderings of what the building is expected to look like when it’s completed in late 2020. The renderings show several red hues adorning the bronze-colored glass windows. One portion of the tower features multi-colored patterns on the glass facade.

The initial Wynn lawsuit used existing photographs of the Wynn, Encore and Wynn Macau towers and the Resorts World construction site to show their similarity.

A representative for Wynn Resorts said Friday that the company would continue to press its lawsuit.

“Resorts World’s newly created exterior renderings, dated 2019 and well after the filing of our complaint, are merely drawings which do not reflect the actual construction directly across the street from our resort,” the company said in an emailed statement. “We will continue to pursue our legal claims and injunctive relief in this matter.”

The answer to the lawsuit also says a project stoppage proposed in a motion for an injunction could cost Resorts World an estimated $169 million and result in 500 construction workers being immediately laid off.

“There are currently approximately 1,500 workers on-site and employed in connection with the RWLV project,” project manager William Richardson of W.A. Richardson Builders said in an excerpt from the court filing.

“If an injunction is granted and glass installation is stopped for months or longer, I anticipate that approximately one-third of those on-site workers — 500 — would be immediately dismissed, as they are working on elements of construction that would be affected by a glass stoppage,” he said.

The filing also says further delays could push back the arrival of 3,000 permanent jobs once the property opens.

The $4 billion, 3,000-room project is located across Las Vegas Boulevard from Encore.

The five counts of the suit allege federal trade dress infringement; unfair competition and false designation of origin; federal trademark dilution; state trademark dilution; and copyright infringement.

Wynn is seeking an injunction prohibiting Resorts World’s use of Wynn’s trade dress, as well as an order requiring Resorts World to “remove any materials or goods that constituted infringing trade dress from its Resorts World Las Vegas hotel and casino that is currently under construction.”

Wynn also wants to be awarded any profits resulting from the use of the colors and architectural style, as well as exemplary and punitive damages.

Contact Richard N. Velotta at rvelotta@reviewjournal.com or 702-477-3893. Follow @RickVelotta on Twitter.

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