By Jonathan Stempel
(Reuters) – A new lawsuit seeks to force Hustler magazine publisher Larry Flynt to rename his new Lucky Lady casino near Los Angeles because it infringes trademarks belonging to Isle of Capri Casinos Inc.
Flynt opened Larry Flynt’s Lucky Lady Casino late last month despite being warned not to use the name because it violated Isle of Capri’s rights in the “lucky lady” and “lady luck” trademarks, the company said in its lawsuit filed on Tuesday.
Isle of Capri said “lady luck” has been used for casino services since 1967 and “lucky lady” for slot machines since 1988, and that Flynt’s use of “lucky lady” is likely to confuse gamblers.It also objected to Flynt’s alleged use of the term at his Gardena, California casino, including depictions of a scantily-clad woman on outdoor signage and a naked woman on betting chips.
“The lewd and suggestive nature of defendants’ use of the mark and the perceived association with defendants’ strip clubs and publications will cause irreparable harm to Isle of Capri,” the St. Louis-based company said in its complaint.
A Buffalo, New York law firm that has long represented Flynt, including on intellectual property matters, did not immediately respond on Wednesday to requests for comment.
Isle of Capri is seeking an injunction against Flynt’s use of “lucky lady” and “lady luck,” and unspecified damages, according to its complaint filed in Los Angeles federal court.
The company said it owns or operates 14 casinos in seven U.S. states.
The case is Isle of Capri Casinos Inc v Flynt et al, U.S. District Court, Central District of California, No. 16-06148.
(Reporting by Jonathan Stempel in New York)