Slogan spat

Knowing Las Vegas is a good market for almost everything, people try to use some of its well-known slogans to commercialize their products in spite the protests of Southern Nevada tourism promoters trying to defend the trademarked slogans.

Michaelle Latas-Wisniewski, an Illinois woman, made a trademark application, intending to sell shirts at the Kentucky Derby, but the Las Vegas Convention and Visitors Authority voted to oppose it. She imprinted "What happens at the Derby stays at the Derby" on her shirts, a slogan very close to the protected and popular "What happens in Vegas, stays in Vegas". The case provoked discussions among tourism officials, who have six similar judgements over the slogan, about whether some trademark protection victories are worth the cost of the fight.

Oscar Goodman, mayor of Las Vegas and chairman of the convention authority's board of directors, of the Derby application, announced they will stop fighting all slogan cases. They will fight only if it causes damages to their institution. That’s because the six cases have cost the authorities $732,123.

Luke Puschnig, the visitors authority's legal counsel, said the Derby phrase contravenes on the tourism group's trademarked phrase, which is used to give visibility to Las Vegas as one of the country's most famous brands. To make the Las Vegas phrase, launched in 2002, a memorable slogan was spent more than $131 million. This is important to attract visitors to Southern Nevada, where tourism is a nearly $40 billion annual industry.

But the protection of slogans was expensive enough. A judgment that sided against a California woman has already cost the authority $623,283. Dorothy Tovar of Placerville was stopped to use the expression "What happens in Vegas, stays in Vegas" on souvenir clothing, including underwear.

In another disagreement, the authority voted against a trademark application of a software company looking to exploit the phrase "Only in Vegas" for a video game. The authority argued the video game title would flout on its protected trademark slogan "Only Vegas".

Puschnig said closing the eyes to trademark applications could be dangerous. That's because taking no action in one case could be used against the authority in future cases. In this way the value of trademarked phrase can be compromised.