WHITNEY THIER (Bar No. 5800)
MICHAEL J. MCCUE (Bar No, 6055)
DANA B. ROBINSON (Bar No. 7157)
QUIRK & TRATOS
3773 Howard Hughes Pkwy.
Suite 500 North
Las Vegas, Nevada 89109
(702) 792-3773
Attorneys for Plaintiff

BELLAGIO,
A Nevada corporation;
MANDALAY RESORT GROUP,
a Nevada corporation;
MARE-BEAR, INC.
a Nevada corporation
MIRAGE RESORTS, INCORPORATED,
a Nevada corporation;
VICTORIA PARTNERS,
a Nevada partnership

vs.

THE STARDUST COMPANY;
JOHN DUNN;
PLANET LUCK CASINO;
STARLUCK CORPORATION,
JOHN DOES 1-XX;
ROE CORPORATIONS 1 -XX,
Defendants

PRELIMINARY INJUNCTION,
PERMANENT INJUNCTION
AND DAMAGES FOR:

(1) TRADEMARK INFRINGEMENT 15 U.S.C. § 111 4 et seq

(2) UNFAIR COMPETITION 15 U.S.C. § 1125(a)

(3) TRADE DRESS INFRINGEMENT-- U.S.C. § 1125(a)

(4) DILUTION U.S.C. § 15 U.S.C. § 1125(a)

(5) COMMON LAW TRADEMARK INFRINGEMENT

(6) DECEPTIVE TRADE PRACTICES N.R.S. § 598.090303 et seq

(7) INTENTIONAL INTERFERENCE WITH PRESENT AND PROSPECTIVE ECONOMIC ADVANTAGE AND OPPORTUNITY

Plaintiffs, through counsel, allege as follows--

NATURE OF THE CASE

This is an action for trademark infringement, dilution, unfair competition, and trade dress infringement under federal statutes, with pendent claims for common law trademark infringement, state deceptive trade practices, and intentional interference with present and prospective business advantage and opportunity. Plaintiffs seek damages and attorneys' fees and costs, and preliminary and permanent injunctions against Defendants' further use of Plaintiffs' trademarks in Defendants' business activities.

JURISDICTION AND VENUE

1. This Court has jurisdiction of the subjects matter of and the parties to this action under 28 U.S.C. §§ 1331, 1338(a), and 1338(b). The court has supplemental jurisdiction over the related state law claims by virtue of 28 U.S.C. § 1367(a). This Court has personal jurisdiction over the Defendants.

2. Venue is proper in the United States District Court for the District of Nevada under 28 U.S.C. §§ 1391 (b) and 1391 (c).

3. Plaintiff Mare-Bear, Inc, is a Nevada corporation, which operates The Stardust resort hotel casino in Las Vegas, Nevada.

4. Plaintiff Mirage Resorts, Incorporated (hereafter referred to as "Mirage Resorts"), is a Nevada corporation which owns the "Mirage" resort hotel casino in Las Vegas, Nevada, and the "Golden Nugget" resort hotel casinos in Las Vegas, and Laughlin, Nevada.

5. Plaintiff Bellagio (hereafter referred to as 'Bellagio'), is a Nevada corporation and a wholly owned subsidiary of Mirage Resorts, Incorporated, which owns and operates the 'Bellagio' resort hotel casino in Las Vegas, Nevada.

6. Plaintiff Mandalay Resort Group, formerly Circus Circus Enterprises, Inc. (hereafter referred to as "Mandalay Resort Group"), is a Nevada corporation which owns the 'Circus Circus' resort hotel casino in Las Vegas, Nevada.

7. Victoria Partners is a Nevada partnership doing business as Monte Carlo Resort and Casino, and operates the 'Monte Carlo resort hotel casino in Las Vegas, Nevada,

8. The Stardust Company, an unknown business entity located in Studio City, California,(hereafter referred to as Stardust Company) that has registered the , , , , , , , and domain names, and operates corresponding online casinos under the Mirage, Golden Nugget, Monte Carlo and Stardust marks.

9. Defendant John Dunn, upon information and belief is an individual and resident of Studio City, California, who owns and or operates The Stardust Company.

10. Defendant Planet Luck Casino, an unknown Dominican Republic-based entity, whose address is Apartado 4843 Santa Domingo, Dominican Republic, is the company that operates the active online casinos to which The Stardust Company's web pages ultimately link.

11. Defendant Ed Servicio, upon information and belief, is an individual and resident of Santa Domingo; Dominican Republic, and owns and operates the Planet Luck Casino

12. Defendant Starluck Corporation, an unknown Dominican Republic-based entity Apartado 4843 Santa Domingo, Dominican Republic, is the host server for the Planet Luck web site.

13. Defendants John Does I-XX and Roe Corporations I-XX are persons, corporations or other entities whose true identities are presently unknown to Plaintiffs and who are sued by fictitious names. Plaintiffs believe that such fictitious defendants are or may be responsible for the occurrences described in this Complaint and for the resulting damages to Plaintiffs. Plaintiffs will amend this Complaint when the true identities of these defendants are known.

14. Stardust is a famous destination resort hotel casino located on 'The Strip' in Las Vegas, Nevada.

15. Since it opened in 1958, the Stardust has attracted tens of millions of visitors from across the United States and all corners of the globe.

16. Since it opened in 1958, Mare-Bear, Inc. and its precedent, have spent substantial sums of money to advertise and promote the "Stardust" name and business throughout the United States and around the world, in print and broadcast media and on the Internet through the Stardust, web site at .

17. As a result of its unique attractions and its expertise in gaming, hospitality and entertainment, Stardust has become a world standard for excellence in the resort hotel casino industry

18. Since at least 1958, all of the print, broadcast and Internet advertising and promotion for Stardust has featured the word "Stardust."

19. The "Stardust" name has been and is utilized on the interior and exterior of the hotel and casino, on signage, on gaming chips and tokens, and on wearing apparel, consumer products, and novelty items sold at and by the resort hotel and casino. The "Stardust" name is also imprinted on numerous giveaway and promotional items used within the Stardust hotel and casino, such as pens, notepads, toiletries, and the like.

20. The 'Stardust' name has become and is distinctive and famous within the United States and around the world for resort hotel and casino services.

The Stardust name has acquired a special significance and meaning to the consuming public as identifying Mare-Bear, Inc. as the source of origin of goods and services, and casino services in particular, which bear the Stardust name.

22. The "Stardust" name has also acquired a special significance and meaning to the consuming public as symbolic of the very highest quality in resort hotel casino services.

23. The 'Stardust' name is a servicemark which is owned by Mare-Bear, Inc., and registered on the Principal Register of the United States Patent and Trademark Office, including, among others:

a. STARDUST, Registration No. 1,580,234 for hotel, casino and other services.

24. The 'Stardust' servicemark has not been abandoned, canceled, or revoked and has become incontestable through Section 8 and 15 affidavits being filed in the PTO.

25. The Mirage is a famous destination resort hotel casino located on "The Strip" in Las Vegas, Nevada.

26. Since it opened in November, 1998, the Mirage has attracted tens of millions of visitors from across the United States and all corners of the globe.

27. Since before the 1989 opening of the Mirage, Mirage Resorts has spent substantial sums of money to advertise and promote its name and its business, in both print and television media and on the Internet through the Mirage Resorts web sites at , and throughout the United States and around the world.

28. As a result of its unique attractions and its expertise in gaming, hospitality and entertainment, the Mirage has become a world standard for excellence in the resort hotel casino industry.

29. Since prior to 1989, all of the advertising and promotion for the Mirage resort hotel and casino has featured the word "Mirage."

30. The 'Mirage' name has been and is utilized on the interior and exterior of the hotel and casino, on signage, on gaming chips and tokens, and on wearing apparel, consumer products, and novelty items sold at and by the resort hotel and casino. The 'Mirage' name is also imprinted on numerous giveaway and promotional items used within the Mirage resort hotel and casino, such as pens, notepads, toiletries, and the like.

31. The "Mirage" name has become and is distinctive and famous within the United States and around the world for resort hotel and casino services.

32. The "Mirage" name has acquired a special significance and meaning to the consuming public as identifying the Mirage as the source of origin of goods and services, and casino services in particular, which bear the Mirage name.

33. The 'Mirage' name has also acquired a special significance and meaning to the consuming public as symbolic of the very highest quality in resort hotel casino services.

34. The "Mirage" name is a servicemark which is owned by Mirage Resorts, Incorporated and registered on the Principal Register of the United States Patent and Trademark Office, including, among others:

a. MIRAGE: Registration No. 1,870,054 for casino services;

b- THE MIRAGE-: Registration No. 1,870,053 for casino services;

c. MIRAGE (and design): Registration No. 1,710,470 for casino and resort hotel services.

35. Mirage Resorts owns a servicemark registration for its building design (trade dress) registered on the Principal Register of the United States Patent and Trademark Office, as follows

a. MIRAGE (and design) Registration No. 2,237,938 for hotel and resort services.

36. Neither- the 'Mirage' servicemark, nor the trade dress have been abandoned, canceled, or revoked and the servicemark has now become incontestable through the filing of Section 8 and 15 affidavits in the Patent and Trademark Office (hereinafter 'PTO').

37. The Golden Nugget is a famous resort hotel casino located on the world-famous "Glitter Gulch" in downtown Las Vegas, Nevada, and its sister property, Golden Nugget Laughlin, is located in Laughlin, Nevada.

38. The Golden Nugget resorts are owned by Mirage Resorts, Incorporated, a Nevada corporation, and operated through its wholly owned subsidiaries.

39. Since it opened in 1946, the Golden Nugget in Las Vegas has attracted tens of millions of visitors from across the United States and all corners of the globe

40. Since 1946, the Golden Nugget has spent tens of millions of dollars to advertise and promote its name and its business throughout the United States and around the world, in print and broadcast media and on the Internet through the Golden Nugget web site at .

41. As a result of its unique attractions and its expertise in gaming, hospitality and entertainment, the Golden Nugget has become a world standard for excellence in the resort hotel casino industry.

42. Since 1946, all of the advertising and promotion for the Golden Nugget resort hotel and casino has featured the words "Golden Nugget."

43. The Golden Nugget name has been and is utilized on the interior and exterior of the hotel and casino, on signage, on gaming chips and tokens, and on wearing apparel, consumer products, and novelty items sold at and by the resort hotel and casino. The Golden Nugget name is also imprinted on numerous giveaway and promotional items used within the Golden Nugget and Golden Nugget Laughlin resort hotel casinos, such as pens, notepads, toiletries, and the like.

44. The "Golden Nugget" name has become and is distinctive and famous within the United States and around the world for resort hotel and casino service.

45. The "Golden Nugget name has acquired a special significance and meaning to the consuming public as identifying the Golden Nugget and Golden Nugget Laughlin as the source of origin of goods and services, and casino services in particular, which bear the "Golden Nugget" name.

46. The "Golden Nugget" name has also acquired a special significance and meaning to the consuming public as symbolic of the very highest quality in resort hotel casino services,

47. The "Golden Nugget" name and logo are servicemarks which are owned by Mirage Resorts, Incorporated and registered on the Principal Register of the United States Patent and Trademark Office, including, among many others.

a. GOLDEN NUGGET: Registration No. 1,554,155 for casino and bar services;

b. GOLDEN NUGGET: Registration No. 1,082,044 for nightclub, bar, cabaret and casino services, and

c. GOLDEN NUGGET: Registration No. 1,203,988 For casino services.

48. The "Golden Nugget" serviceman has not been abandoned, canceled, or revoked and has become incontestable through the filing of Section 8 and 15 affidavits at the PTO.

49. Bellagio is a famous destination resort, hotel casino located on "The Strip" in Las Vegas, Nevada.

50. Bellagio owns the 'Dunes" mark for casino services, which was first used, through a predecessor in interest, in 1956 to identify the "Dunes" hotel casino on the Las Vegas strip, where Bellagio now stands,

51. As a result of its many years of use to identify the “Dunes” hotel casino, the "Dunes" name has become and is distinctive and famous within the United States and around the world for casino services.

52. The “Dunes” name has acquired a special significance and meaning to the consuming public as the source of casino services which bear the Dunes name

53. The “Dunes” name has also acquired a special significance and meaning to the consuming public as symbolic of the very highest quality in casino services.

54. The “Dunes” name and logo is a servicemark which is owned by Bellagio and registered on the Principal Register of the United States Patent and Trademark Office, including, among others:

a. DUNES: Registration No. 1,401,610 for casino services.

55.The "Dunes" servicemark has not been abandoned, canceled, or revoked, and has become incontestable through the filing of Section 8 and 15 affidavits at the PTO-

56. Circus Circus is a famous destination resort hotel casino located on “The Strip” in Las Vegas, Nevada, owned by Mandalay Resort Group.

57. Since it opened in 1974, Circus Circus has attracted tens of millions of visitors from across the United States and all comers of the globe-

58. Since before it opened in 1974, Mandalay Resort Group, its subsidiaries and its predecessors-in-interest have spent substantial sums of money to advertise and promote the “Circus Circus” name and business throughout the United States and around the world, in print and broadcast media and on the Internet through the Circus Circus web site at .

59. As a result of its unique attractions and its expertise in gaming, hospitality and entertainment, Circus Circus has become a world standard for excellence in the resort hotel casino industry.

60. Since 1974, all of the advertising and promotion for Circus Circus has featured the word "Circus."

61. The “Circus" name has been and is utilized on the interior and exterior of the hotel and casino, on signage, on gaming chips and tokens, and on wearing apparel, consumer products, and novelty items sold at and by the resort hotel and casino. The “Circus” name is also imprinted on numerous giveaway and promotional items used within Circus Circus hotel and casino, such as pens, notepads, toiletries, and the like.

62. The “Circus” name has become and is distinctive and famous within the United States and around the world for resort hotel and casino services.

63. The “Circus" name has acquired a special significance and meaning to the consuming public as identifying Mandalay Resort Group, now and formerly, Circus Circus Enterprises, Inc., as the source of origin of goods and services, and casino services in particular, which bear the "Circus" name-

64. The “Circus” name has also acquired a special significance and meaning to the consuming public as symbolic of the very highest quality in resort hotel casino services.

65. The “Circus” name and logo is a serviceman which is owned by the Mandalay Resort Group, and registered on the Principal Register of the United States Patent and Trademark Office, including, among many others:

a. CIRCUS CIRCUS Registration No. 891,114 for casino services,

b. CIRCUS CIRCUS Registration No. 1,231,412 for casino services,

c. CIRCUS CIRCUS: (and design), Registration No. 1,231,413 for casino services;

d. CIRCUS CIRCUS: (and design), Registration No. 1,231,414 for casino services,

e. CIRCUS CIRCUS: (stylized), Registration No. 1,232,243 for casino services

f. CIRCUS BUCKS: Registration No. 1,735,403 for casino services.

66. The servicemarks have not been abandoned, canceled, or revoked and have become incontestable by the filing of Section 8 and 15 affidavits at the PTO.

67. Monte Carlo Resort and Casino is a famous destination resort hotel casino on "The Strip" in Las Vegas, Nevada.

68. Since it opened in July 1996, the Monte Carlo has attracted numerous of visitors from across the United States and all corners of the globe.

69. Since before the April, 1995 announcement of the opening of Monte Carlo, Victoria Partners has spent substantial sums of money to advertise and promote the Monte Carlo name and business throughout the United States and around the world, in print and broadcast media and on the Internet through the Monte Carlo web site at .

70. As a result, Monte Carlo has become a world standard for excellence in the resort hotel casino industry.

71. Since April, 1995, all of the print, broadcast and Internet advertising and promotion for Monte Carlo has featured the word "Monte Carlo."

72. The "Monte Carlo" name has been and is utilized on the interior and exterior of the hotel and casino, on signage, on gaming chips and tokens, and on wearing apparel, consumer products, and novelty items sold at and by the resort hotel and casino. The "Monte Carlo" name is also imprinted on numerous giveaway and promotional items used within the Monte Carlo hotel and casino, such as pens, notepads, toiletries, and the like.

73. The "Monte Carlo” name has become and is distinctive and famous within the United States and around the world for resort hotel and casino services

74. The "Monte Carlo" name has acquired a special significance and meaning to the consuming public as identifying Victoria Partners as the source of origin of goods and services, and casino services in particular, which bear the "Monte Carlo" name.

75. The "Monte Carlo" name has also acquired a special significance and meaning to the consuming public as symbolic of the very highest quality in resort hotel casino

76. The "Monte Carlo" name is a servicemark which is owned by Victoria Partners, and registered with the Secretary of State for the State of Nevada, including, among others:

a. MONTE CARLO: Nevada Class No. 100 for casino services.

77. The “Monte Carlo" servicemark has not been abandoned, canceled, or revoked.

78. In July, 1999, Plaintiff Mare-Bear received a contract, from a third party who had mistakenly believed that The Stardust Company was related to the Stardust Hotel and Casino. The purpose of the contract was to purchase an interest in an online casino through The Stardust Company. A true and correct copy of an unsigned contract between The Stardust Company Contract and Roger Cray is attached as Exhibit 1, and incorporated herein by this reference-.

79. On or about July 26, 1999, Plaintiff Mare-Bear informed PIaintiffs' counsel of the possible infringement by The Stardust Company.

80. On or about July 26, 1 0.99, Plaintiffs' counsel discovered that Defendants The Stardust Company had registered domain names as follows: , , , , , , and . True and correct copies of The Stardust Company's domain name registrations are attached as Exhibit 2, and incorporated herein by this reference.

81. On or about July 26, 1999, Plaintiffs' counsel discovered that the domain name linked to an online casino web page that prominently displayed the STARDUST name in a stylized font and design virtually identical to Plaintiffs signature Stardust logo and marquis sign displayed in front of the Stardust on the Las Vegas Strip for many years. A true and correct copy of the web site found at is attached as Exhibit 3, and incorporated herein by this reference.

82. On or about July 26, Plaintiffs' counsel discovered that the domain name linked to an active web page that offers opportunities to invest in online casinos with The Stardust Company, and that is also linked to the "Stardust Casino web site . A true and correct copy of the web site found at is attached as Exhibit 4, and incorporated herein by this reference.

83. The web site found at has a link entitled "Casino Clients" which when chosen, takes the user to a page that is lists several casinos including "Mirage," "Stardust Casino" as well as other names of famous Las Vegas resort casinos, implying that these "casinos" are affiliated with Defendant The Stardust Company. A true and correct copy of the web page found when the “Casino Clients” link is selected is

84. ON or about July 26, 1999 Plaintiffs' counsel check each domain name to see name linked to an online casino web page that prominently displayed the MIRAGE name, a photographic image of the actual Mirage Hotel and Casino building with Plaintiff's lighted signage and a photographic image of the Plaintiff's volcano-waterfall, a work that is situated at the entrance to Plaintiff's resort hotel casino, and photographic images of casino-gaming chips that bear the MIRAGE name in Plaintiffs signature stylized font. A true and correct copy of the web site found at is attached as Exhibit 6, and incorporated herein by this reference.

85. When counsel for Plaintiffs examined the web site, counsel discovered that the image used on Defendant's web site was the exact image used by Plaintiff Mirage Resorts on its Internet web site, making it apparent that Defendant had “lifted” the image from Mirage Resort's web site and used the image on its own web page. A true and correct copy of Plaintiff Mirage Resort's web site is attached as Exhibit 7, and incorporated herein by this reference. The copying is demonstrated by a comparison of Exhibit 7, and Exhibit 6 (Defendant's Online Casino web page).

86. On or about July 26, Plaintiff's counsel discovered that domain name linked to an online casino web page that prominently displayed the GOLDEN NUGGET name, as well as a photographic image of casino-gaming chips that bear Plaintiff's GOLDEN NUGGET signature logo. A true and correct copy of the web site found at is attached as Exhibit 8, and incorporated herein by this reference.

87. On or about July 26, Plaintiffs' counsel discovered that the domain name linked to an online casino web page that prominently displayed the MONTE CARLO name, as well as a photographic image of Plaintiff's marquis sign, and a sculpture that is at the entrance to Plaintiffs Monte Carlo Resort and Casino. A true and correct copy of the web site found at is attached as Exhibit 9, and incorporated herein by this reference.

88. On or about August 3, 1999 Plaintiffs' counsel wrote The Stardust Company and informed it of Plaintiffs' respective rights, and demanded that The Stardust Company immediately cease and desist all use of the plaintiffs' names and marks.

89. On or about August 20, 1999 Plaintiffs' counsel again checked the status of each of the domain names at issue, and found each domain name still owned by The Stardust Company.

90. On or about August 20,1999 Plaintiffs' counsel checked each domain name to see if there were still active web sites and found that the status of each domain name was the same as defined above in paragraphs 81-87, above.

91. On or about August 23, 1999 Plaintiffs' counsel, after receiving no response from The Stardust Company, again wrote to The Stardust Company and insisted that it cease and desist all use of the Plaintiffs' names and marks.

92. On or about August 24, 1999, Plaintiffs' counsel received a letter, dated August 22, 1999, from Robert F. Smith, counsel for The Stardust Company, stating that Plaintiffs' “should have taken the intimate (sic) names more quickly if they wished to use them”

93. On or about September 4, 1999, Plaintiffs' counsel responded to Mr. Smith's letter by again demanding that The Stardust Company cease and desist all use of Plaintiffs' names and marks.

94. On or about September 21,1999, Plaintiffs' counsel, after not receiving any response from Mr. Smith, again sent a letter to Mr. Smith insisting that The Stardust Company comply with Plaintiffs' demands.

95. In July, 1999, at the time Plaintiffs discovered The Stardust Company's activities, the active casino web sites owned by The Stardust Company were ultimately linked to an off-shore Internet gaming service owned by Giordano Casinos, through which consumers could usually place their bets.

96. At some time after Plaintiffs' counsel first wrote The Stardust Company, the web sites owned by The Stardust Company ceased being linked to the Internet gaming service owned by Giordano Casinos, and instead linked to an off-shore Internet gaming service called Planet Luck. For example, a consumer who enters the address would reach the online Stardust Casino web site (see Exhibit 3). Upon clicking on the "Enter Casino Now! words, the consumer would be taken to the Planet Luck Casino on which bets may be placed. All of The Stardust Company casinos work in this manner.

97. Planet Luck is an online Internet casino that can be found at

98. Upon information and belief, Planet Luck is owned and operated by Ed Servicio.

99. Upon information and belief, Ed Servicio resides in the Dominican Republic, at Apartado 4843, Santa Domingo, Dominican Republic.

100. Upon information and belief, Starluck Corporation, an entity of unknown corporate status, is located at Apartado 4843, Santa Domingo, Dominican Republic.

101. Upon information and belief, Ed Servicio owns and operates the Starluck Corporation.

102. Upon information and belief, Starluck Corporation is the host server for the Planet Luck casino.

103. Through the use of the domain names and web sites, Defendants, and each of them, publicly promote and advertise their gaming business using Plaintiffs' famous and federally registered names, servicemarks and trade dress.

104. Upon information and belief, Plaintiffs allege that prior to the time Defendants began doing business and offering gambling services under Plaintiffs' names, servicemarks and trade dress, Defendants, and each of them, personally or through their agents or employees, knew that Plaintiffs were doing business and offering gaming services under their respective names and servicemarks.

105. Upon information and belief, Plaintiffs allege that prior to the time Defendants began doing business and offering gaming services as under Plaintiffs' names, servicemarks and trade dress, Defendants, and each of them, personally or through their agents or employees, observed that Plaintiffs' names and servicemarks were being used in connection with their respective resort hotel casinos, including on the internet.

106. Defendants, and each of them, have been making and continue to make use of the Plaintiffs' names, servicemarks and trade dress without the consent, approval, or authority of any of the Plaintiffs.

107. Upon information and belief, Plaintiffs allege that Defendants, and each them, have not ceased their use of the Plaintiffs' names, servicemarks and trade dress, and that Defendants, and each of them, continue to use the Plaintiffs' names and servicemarks at present.

108. Plaintiffs incorporate the allegations of paragraphs 1 -106 above the same as if set forth herein in full.

109. Defendants' use in commerce of the “Mirage,” “Dunes,” “Golden Nugget”, “Circus,” “Monte Carlo,” and “Stardust,” names and letter strings constitutes a reproduction copying, counterfeiting, and colorable imitation of Plaintiffs' respective register servicemarks in such a manner as is likely to cause confusion or mistake among, or is likely to deceive, the consuming public.

110. By using the “Mirage," "Dunes,” “Golden Nugget,” “Circus,” “Monte Carlo” and “Stardust,” names and letter strings with knowledge that Plaintiffs own and have use and continue to use their respective servicemarks in Las Vegas, across the United States and around the world, Defendants, and each of them, have intended to cause confusion or mistake in the minds of the public, and to deceive the consuming public.

111. Defendants' use of each of Plaintiffs' respective names and servicemarks has caused a likelihood of confusion among the consuming public, who may falsely believe the Defendants' online Casino services are in some way associated with those of Plaintiff resort hotel casino, or that they are placing wagers with Plaintiffs' casinos, when, in fact, they are placing wagers with Defendants.

112. As the direct and proximate result of such infringing actions, Plaintiffs have suffered, and will continue to suffer, monetary loss and irreparable injury to their respective businesses, reputations, and goodwill.

113. As the direct and proximate result of such infringing actions, Plaintiffs have been required to retain counsel to prosecute this infringement action.

114. Plaintiffs incorporate the allegations of paragraphs 1-112 above the same as if set forth herein in full.

115. Defendants' use in commerce of the "Mirage," "Dunes," "Golden Nugget," "Circus," "Monte Carlo" and "Stardust" names and letter strings in connection with Defendants' goods, services and web sites and Internet domain names constitutes a false designation of origin, by representing that Defendants' services, web sites and Internet domain names are those of Plaintiffs, when, in fact, they do not.

116. Defendants' use in commerce of the "Mirage," "Dunes," "Golden Nugget," "Circus," "Monte Carlo" and "Stardust" names and letter strings in connection with Defendants' goods, services and web sites and Internet domain names constitutes a false description and representation that Defendants' goods, services, web sites and Internet domain names are those of Plaintiffs, when, in fact, they are not.

117. Defendants' use in commerce of the "Mirage," "Dunes," "Golden Nugget," "Circus," "Monte Carlo" and "Stardust" names and letter strings with knowledge that Plaintiffs own and have used, and continue to use, their respective servicemarks constitutes an intentional action by Defendants, and each of them, to make false designations of origin and false descriptions about Defendants services, web sites and Internet domain names.

118. As the direct and proximate result of such unfair competition, Plaintiffs have suffered, and will continue to suffer, monetary loss and irreparable injury to their respective business, reputation, and goodwill.

119. As the direct and proximate result of such unfair competition, Plaintiffs have been required to retain counsel to prosecute this action.

120. Plaintiffs incorporate the allegations of paragraphs 1-118 above the same as if set forth herein in full.

121. Defendants' duplication and use in commerce of the images of Plaintiffs' signs, sculptural works, and buildings constitutes false designation of origin, by representing that

122. works, and buildings constitutes a false or misleading description of fact, or a false or misleading representation of fact, which is likely to cause confusion or Mistake.

123. Defendants' use in commerce of the images of Plaintiffs' signs, sculptural works, and buildings with knowledge that Plaintiffs own and have used, and continue to use, signs, sculptural works, and buildings constitutes intentional action by Defendants, and each of them, to make false designations of origin, sponsorship, or approval about Defendants' goods and services.

124. Defendants' advertising and sale of services bearing Plaintiffs' respective unique trade dress, signage, format, fonts and designs constitutes false designation of when, in fact, they do not.

125. Defendants' use in commerce of images of Plaintiffs' signs, sculptural works, and buildings bearing Plaintiffs' unique trade dress and designs constitutes a false or misleading description of fact, or a false or misleading representation of fact, which is likely to cause confusion or mistake.

126. Defendants use in commerce of images of Plaintiffs' signs, sculptural works, and buildings with knowledge that Plaintiffs own and have used, and continue to use, their respective trade dress constitutes intentional action by Defendants, and each of them, to make false designations of origin, sponsorship, or approval about Defendants' goods and services.

127. As a direct, and proximate result of Defendants' infringing activities, Plaintiffs have suffered, and continues to suffer monetary loss and irreparable injury to its business reputation and goodwill.

128. Unless Defendants are enjoined from continuing such activities, Plaintiffs will continue to suffer irreparable injury and loss.

129. Plaintiffs incorporate the allegations of 1-127 above the same as if set forth herein in full.

130. Through their adoption and consistent and extensive use, Plaintiffs' "Mirage," "Dunes," "Golden Nugget," "Circus," "Monte Carlo," and "Stardust" names have acquired fame and distinction.

131. Defendants' use of the "Mirage," "Dunes," "Golden Nugget," "Circus," "Monte Carlo," and "Stardust" names, in connection with Defendants' services, web sites and internet domain names began after Plaintiffs' names and servicemarks became famous

132. Defendants' use of the "Mirage," "Dunes," "Golden Nugget," "Circus," "Monte Carlo," and "Stardust," names and servicemarks will cause dilution of the distinctive quality of the servicemarks, and will otherwise cause irreparable injury to Plaintiffs' businesses, reputations, and goodwill.

133. As the direct and proximate result of such servicemark dilution, Plaintiffs have been required to retain counsel to investigate and prosecute this action.

134. Plaintiffs incorporate the allegations of paragraphs 1-132 above the same as if set forth herein in full.

135. By virtue of having used, and continuing to use, the "Mirage," “Dunes," “Golden Nugget.” “Circus,” “Monte Carlo" and "Stardust," names and servicemarks, Plaintiffs have acquired common law rights in their respective names and servicemarks.

136. Defendants' use of the "Mirage," "Dunes," "Golden Nugget,' "Circus," "Monte Carlo," and “Stardust," names and letter strings infringes Plaintiffs' common law rights in their respective names and servicemarks and is likely to cause confusion, mistake, or deception among the consuming public, who will believe that Defendants' services, web pages and Internet domain names originate from, or are affiliated with or endorsed by Plaintiffs, when, in fact, they are not.

137. As the direct, and proximate result of Defendants' infringements of Plaintiffs respective common law rights, Plaintiffs have suffered, and will continue to suffer, monetary damages arid irreparable injury to its business, reputation, and goodwill.

138. As the direct and proximate result of such infringements, Plaintiffs have been required to retain counsel to prosecute this action.

139. Plaintiffs incorporate the allegations of paragraphs 1-137 the same as if set forth herein in full.

140. By using the "Mirage," "Dunes," "Golden Nugget," "Circus," “Monte Carlo," and “Stardust” names and letter strings in connection with Defendants' services, web sites and Internet domain names with knowledge that Plaintiffs own and use their respective names and servicemarks, Defendants, and each of them, have been and are knowingly passing off their services, web sites and Internet domain names as being those of the respective Plaintiffs.

141. By using the “Mirage,” “Dunes,” “Golden Nugget.” “Circus,” and "Stardust," names and letter strings in connection with Defendants' services, web sites and Internet domain names with knowledge that Plaintiffs own and use their respective names and servicemarks, Defendants and each of them, have been and are knowingly making false representations that the sources of the servicemarks, web sites and Internet domain names are those of Plaintiffs, when, in fact, they are not.

142. By using the “Mirage,” "Dunes," "Golden Nugget," “Circus,” "Monte Carlo," and "Stardust," names and letter strings in connection with Defendants' services, web sites and internet domain names with knowledge that Plaintiffs own and use their respective names and servicemarks, Defendants, and earn of them, have been and are knowingly making false representations that Defendants are affiliated or associated with, connected to, or certified by Plaintiffs, when, in fact, they are not.

143. By using the “Mirage,” “Dunes,” “Golden Nugget,” "Circus," "Monte Carlo" and "Stardust," names and letter strings in connection with Defendants' services, web sites and Internet domain names with knowledge that Plaintiffs own and use their respective names and servicemarks, Defendants, and each of them, have been and are knowingly making false representations that Defendants' goods or services are of a particular standard or quality typically associated with the standards and quality of Plaintiffs, when, in fact they are not.

144. As the direct and proximate result of Defendants' deceptive trade practices, Plaintiffs have suffered, and will continue to suffer, monetary damages and irreparable injury to their respective businesses, reputations, and goodwill.

141. As the direct and proximate result of Defendants' deceptive trade practices, Plaintiffs have been required to retain counsel to prosecute this action.

146. Plaintiffs incorporates each of the allegations contained in Paragraphs 1-144 as if set forth herein in full.

147. Plaintiffs have been in the business of offering casino services for many years, some of Plaintiffs have been in the casino services industry for over three decades and all of the Plaintiffs have become known to and have developed business relationships with leisure travelers and casino patrons from across the United States and around the world.

148. By their conduct as set forth above, Defendants, and each of them, have attempted to interfere, and have actually interfered, with Plaintiffs' present and prospective economic opportunities.

149. As the direct and proximate result of Defendants' interference with Plaintiffs' present and prospective economic opportunities, Plaintiffs have suffered, and will continue to suffer, monetary loss and irreparable injury to their business, reputation and goodwill.

150. As the direct and proximate result of Defendants' interference with Plaintiffs' present and prospective economic opportunities, Plaintiffs have been required to retain counsel to prosecute this action.

WHEREFORE, Plaintiffs respectfully prays that the Court enter its orders:

A. Entering a preliminary injunction against Defendants, and each of them, preventing Defendants, and each of them, from using Plaintiffs' "Mirage," "Dunes," "Golden Nugget," "Circus," "Monte Carlo," and "Stardust," names, servicemarks, and trade dress in commerce, including in domain names and on the Internet, pending trial of this matter, specifically including an order that Network Solutions Inc. place the following domain names as held: , , , , , , and ;

B. Entering a permanent injunction against Defendants, and each of them, forever preventing Defendants, and each of them, from using Plaintiffs' "Mirage," "Dunes," "Golden Nugget," “Circus," “Monte Carlo,” and "Stardust," names, servicemarks and trade dress in commerce, including on the Internet, and specifically including an order that Network Solutions, Inc. transfer the infringing domain names listed in paragraph A, above, to Plaintiffs, according to their respective trademark rights;

C. Awarding to Plaintiffs as damages, pursuant to 15 USC § 1117, against all Defendants jointly and severally, an amount equal to three times the actual damages Plaintiffs have suffered as a result of the Defendants infringements of Plaintiffs' respective names and servicemarks.

D. Awarding to Plaintiffs, pursuant to 15 USC § 1125(a) against all Defendants jointly and severally, all such damages as Plaintiffs shall incur in placing such advertising and notices as necessary to correct the false designations of origin, false description, and false representations made by Defendants, and each of them.

E. Awarding to Plaintiffs, pursuant to 15 USC § 1125(c), against all Defendants jointly and severally, all such damages as Plaintiffs have suffered as the result of the injury to Plaintiffs' business reputations and dilution of Plaintiffs' respective names as a result of Defendants' infringements of same,

F. Awarding to Plaintiffs against all Defendants jointly and Plaintiffs' claims for servicemark infringement, unfair competition, trade dress infringement and dilution;

G. Awarding to Plaintiffs against all Defendants jointly and severally, all such damages as Plaintiffs have suffered as a result of Defendants' infringements of Plaintiffs' common law rights in Plaintiffs' respective names.

H. Awarding to Plaintiffs, pursuant to N. R. S. § 598.0903 et seq., all damages to which Plaintiffs are entitled under the Nevada Deceptive Trade Practices Law against all Defendants jointly and severally.

I. Awarding to Plaintiffs punitive damages against all Defendants jointly and severally, in view of the malicious nature of Defendants' tortious acts.

J. Awarding to Plaintiff all other such relief to which Plaintiffs are entitled.

DATED this 29th day of October, 1999

Quirk & Tratos