Intellectual Property and the Gambling Industry: A Winning Combination
April 17, 2024
When you think of gambling, the first things that likely come to mind are the bright lights of Las Vegas, the sound of slot machines, and the thrill of a high-stakes game of blackjack. But behind the scenes of this glitzy industry lies a complex web of intellectual property (IP) rights that shape the games, branding, and technology that power the world of gambling.
The Trademarks of Lady Luck
One of the most visible examples of IP in gambling is the use of trademarks. The oldest continuously operating casino in Las Vegas, the El Cortez, has been the subject of numerous trademark registrations covering its casino services, restaurant offerings, and even associated merchandise like clothing. This iconic property, with its ties to infamous mobster Bugsy Siegel, demonstrates how a casino’s brand can become a valuable asset worth protecting.
Another legendary Las Vegas institution, Caesars Palace, has taken trademark protection to the next level. With over a dozen active registrations, Caesars has built a formidable IP portfolio around its name and Roman-themed branding. The ownership history revealed in the trademark records also tells the story of how this casino has changed hands over the years.
Trademark battles have also played out in the courts, such as the dispute between the Tamares Group and the El Ad Group over the rights to use the “Plaza” name in Las Vegas. This case highlights the importance of establishing consistent branding and trademark rights, even for long-standing properties.
The Games People Play
While classic casino games like roulette, craps, and blackjack are in the public domain, newer gambling offerings have become the subject of patent protection. The game of Three Card Poker, for example, was created by inventor Derek Webb and is protected by several patents outlining the rules and mechanics of the game.
The gambling industry has also seen the patenting of slot machine technologies, from the random number generators that power the games to the cascading reel features that create dynamic visual effects. These innovations have allowed casinos to offer more sophisticated and engaging gaming experiences, all while protecting their intellectual property.
Brands and Celebrities Hit the Jackpot
Beyond the core casino games, the gambling industry has increasingly turned to licensed intellectual property to attract players. Slot machines themed around popular movies, TV shows, and even celebrities have become commonplace, with the casino operators securing the necessary trademark and copyright permissions to use these iconic brands.
The Little Shop of Horrors slot machine, for example, incorporates imagery, film clips, and music from the beloved film, demonstrating the depth of IP integration in modern gambling offerings. These branded slots not only provide a unique gaming experience but also tap into the established popularity and recognition of the underlying intellectual property.
The House Always Wins (in the Long Run)
While the gambling industry may seem like a high-stakes game of chance, the application of intellectual property rights has helped casinos maintain a consistent edge. From trademarks that protect iconic brands to patents that guard innovative gaming mechanics, IP has become a crucial part of the gambling ecosystem.
As the industry continues to evolve, with new technologies and licensed properties constantly emerging, the role of intellectual property will only become more crucial. Savvy casino operators will need to stay on top of their IP portfolios, ensuring they can capitalize on the latest trends and maintain their competitive advantage in the ever-changing world of gambling.
About the Authors
David Sigalow practices in the area of trademarks, copyrights and licensing. He has extensive experience in matters concerning publishing, computer hardware and software, consumer products, toys, games and virtually all other forms of consumer products.
