OCR sues Philly Casino for using a similar slogan

Live! Casino & Hotel Philadelphia is being sued by Ocean Casino Resort, which claims that the rival casino complex engaged in unfair competition by employing a tagline that is confusingly similar to one it had previously used in an advertising campaign.

The "Go for the win" catchphrase that Ocean used in a campaign to promote the offerings of one of Atlantic City's nine operating casinos served as the impetus for the lawsuit, which was filed this past Tuesday. On June 22, said campaign officially began.

The Boardwalk Casino Resort claimed in its court suit that it had worked with its advertising agency to produce the campaign for several months and at a cost of $140,000. Ocean added that after the campaign was launched, it spent $1.5 million promoting it in the South Jersey-Philly region.

The second full-fledged casino resort in Philadelphia, Live! debuted in February. The South Philadelphia Sports Complex is next to the property. It has 208 hotel rooms, a casino with 2,100 slot machines, 150 tables games, and a sportsbook, as well as a number of dining options and entertainment venues that draw both locals and visitors to the biggest city in Pennsylvania.

Developer The facility was built for more than $700 million by the Baltimore-based Cordish Companies.

Live! launched a campaign in July with the virtually identical phrase, "Let's Go for the Win," according to Ocean's lawsuit. The lawsuit also notes that the recently opened establishment has used the same pitch in TV and website advertisements.

Ocean is asking the court to prohibit what it claims is a confusingly similar pitch.
The complaint mentions that Live! has been advertising "Let's Go for the Win" on a digital sign near Ocean in Atlantic City.

The US Patent and Trademark Office received an intent-to-use application for the tagline from Ocean in early May, according to the lawsuit. It then emerged that the original application had been changed into a use application.

The Atlantic City casino claimed that Live! had stolen its own tagline without permission from Ocean as part of a "deliberate plan to trade on" the latter casino's service mark and that its pitch was "a unique and distinctive service mark of Ocean."

Representatives of Cordish Cos. have not yet responded to this issue.

Ocean's lawsuit requests a court order prohibiting its fellow Philadelphia gaming establishment from using the divisive phrase. Additionally, the Atlantic City resort demands that Live! remove all promotional materials that contain what it refers to as a "confusingly identical" sales pitch.

Additionally, Ocean demands that the other casino pay its legal fees and unspecified damages.