West Flagler Associates, owner of the Magic City Casino in Miami has filed suit against a real estate developer to keep it from using the term “Magic City.” The company claims it is the rightful owner of the name—a longtime nickname for Miami—through trademarks registered with the U.S. Patent and Trademark Office.
In a lawsuit filed earlier this month in U.S. District Court, the company tried to block MCD Miami, developers of the proposed Magic City Innovation District in Little Haiti, from using the label, according to the Sun-Sentinel newspaper.
Paul George of HistoryMiami told the publication, “I always thought ‘Magic City’ was something anybody could grab. This is unreal.” He added that the name dates back to the 1920s.
But Magic City Casino, which opened in 2009, says its rights trump other rights, including general public use of the name. “If you use a mark first, you own it, you have common law rights,” said Coral Gables attorney Leslie Lott, who represents the casino. “We’ve been using the name extensively for over a decade.”
Attorney Mark Stein, who represents MCD Miami, said his client will fight it out in court. “These companies are in completely different businesses and we don’t offer casino services,” he said. “If you go to the U.S. Patent and Trademark Office website, you’ll find quite a few applications for Magic City.”
