Hollywood Casino operates casinos in Aurora, Illinois and Tunica, Mississippi, and is in the process of establishing a third casino in Shreveport, Louisiana. (collectively, 'Planet Hollywood') initiated this lawsuit against Hollywood Casino Corporation and related corporations and individuals (collectively, 'Hollywood Casino'). On July 29, 1996, Planet Hollywood (Region IV), Inc. Is one party merely seeking to compete freely and fairly, or is it attempting to unfairly usurp the intellectual property of another? Is one party merely attempting to protect its legitimate right to control and use its intellectual property, or is it seeking to unfairly expand its intellectual property rights beyond their proper scope? Questions such as these typically lie at the core of intellectual property litigation, and this lawsuit is no exception. However, the boundaries of these respective rights of competition and protection often are not clear, and often come into conflict. Protection of trademark rights has been a part of our common law since the inception of this nation and has been expressed in federal legislation dating back to 1870.

At the same time, we hold no less dear the right of individuals and corporations to control and use their own property, including intellectual property such as trademarks. SCHENKIER, United States Magistrate Judge.Īs a nation, we long have extolled the virtues of free and vigorous competition, and frequently have cited our devotion to competition as a principal reason for our nation's unparalleled economic success. Criswell, Tressler, Soderstrom, Maloney & Priess, Chicago, IL, for Hollywood Casino Corp., et al.įINDINGS OF FACT AND CONCLUSIONS OF LAW PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 52

McKinley, Seidel, Gonda, Lavorgna & Monaco, P.C., Philadelphia, PA, James K.

HOLLYWOOD CASINO CORPORATION, a Delaware corporation, et al., Defendants. PLANET HOLLYWOOD (REGION IV), INC., a Minnesota corporation, et al., Plaintiffs,

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