A Hanover casino is trying to turn a high-fashion trademark fight into a vendor liability dispute. Live! Casino & Hotel Maryland says the company that sold it a batch of Louis Vuitton-style giveaway bags should be responsible for the legal fallout. The stakes are already sizable: the casino says it paid more than $167,000 for the promotional merchandise.
Live! Casino & Hotel Maryland and The Cordish Companies filed a third-party complaint Tuesday against Las Vegas-based Power Promotions LLC, asking the vendor to cover any judgment Louis Vuitton wins in the underlying case. The companies say PPE Casino Resorts Maryland paid $167,162 for the “Lux Monogram” bags, according to the Maryland Daily Record.
Casino Says Vendor Was Supposed To Clear The Design
The filing says Power Promotions had a longstanding relationship with PPE and was expected to vet and clear custom promotional products for compliance with intellectual-property laws. PPE says it accepted the shipment on that understanding, while the complaint says Cordish had no role in buying, designing or giving away the bags, according to the third-party complaint.
That account now hinges on a conversation with Power Promotions principal Dean Katris. The filing says Katris acknowledged he “had not retained counsel” for the intellectual-property review and instead sent the design to the overseas manufacturer; PPE and Cordish deny liability and say any exposure should be shifted to the vendor, per the court filing.
After Louis Vuitton sued on June 1, casino lawyers say they asked Power Promotions to defend and indemnify them. The vendor rejected that tender and declined to defend, according to the Maryland Daily Record, thereby putting a vendor-contract dispute within the larger trademark case.
The Original Fight Started With “The Art Of Luxury”
Louis Vuitton’s underlying lawsuit centers on Live!’s April “The Art of Luxury” promotion, which offered rewards members handbags, backpacks, tote bags and toiletry cases bearing floral designs the fashion house says copied its protected branding. The allegedly similar items replaced Louis Vuitton’s familiar “LV” mark with the casino’s “Live!” logo, as reported by CBS Baltimore.
Louis Vuitton says it sent a cease-and-desist letter in April, after which the casino indicated it would stop distributing the bags. Weeks later, the company alleges, Live! launched a second promotion called “Endless Elegance,” featuring what were described as purportedly authentic Louis Vuitton products, according to The Baltimore Banner.
What The New Filing Could Change
The third-party complaint seeks indemnification or contribution, along with damages tied to alleged warranty and contract breaches, attorneys’ fees and other costs. In plain English, PPE and Cordish are arguing that if they owe Louis Vuitton money, Power Promotions should reimburse them—but the new filing is only their position, and no court has yet assigned liability.
For now, the Hanover casino’s promotional gamble has opened another front in the same federal case. Instead of arguing only over whether the bags crossed Louis Vuitton’s trademark line, the defendants are also fighting over who should pay if the court decides they did.
