MAO Gaming Files Lawsuit Against Ameristar Casino in Black Hawk, Colorado
Posted on: October 22, 2023, 03:00h. Last updated on: October 22, 2023, 12:37h.
MAO Gaming, a table games supplier, has filed a lawsuit against Ameristar Casino in Black Hawk, Colo., accusing the operator of trademark infringement related to MAO’s STREAK blackjack game.
MAO has held the rights to the STREAK variation of blackjack, a side bet on standard blackjack tables, since December 1, 2001. The game allows bettors to wager on the number of times they will be dealt blackjack. With its popularity, blackjack is one of the most played table games at Las Vegas and regional casinos.
In the lawsuit filed in the US District Court for the District of Colorado, MAO’s counsel claims that Ameristar Black Hawk “advertised, promoted, offered, and ultimately profited from the unauthorized and unlicensed use of MAO’s marks.”
According to the legal document, “After almost fifteen (15) years of annually-renewed licensed use at Ameristar Casino Black Hawk, PENN knowingly, intentionally, and willfully ignored its contractual obligations and infringed on MAO’s iconic STREAK® brand by facilitating unlicensed STREAK® blackjack table games – one of the most successful casino table games ever developed.”
The lawsuit alleges that Penn allowed the infringement of STREAK trademarks to continue unchecked for two years at the Black Hawk casino hotel. This lawsuit comes shortly after a card counter from Georgia sued the venue for illegal detainment.
MAO Claims STREAK is “Exclusive Property”
MAO’s counsel also points out that each annual renewal contract with Penn explicitly stated that STREAK was the “exclusive property” of the supplier.
In addition, the Colorado Casino Gaming Commission (CCGC) requires gaming operators featuring blackjack side bets to be licensed by MAO and follow the patent holder’s rules.
The court filing states, “These circumstances legitimize the categorization of Ameristar/PENN’s actions as willful and intentional. PENN’s business is casino gaming operations, and they agreed via contract that all STREAK® products were the exclusive property of MAO which they had no right to use without a license.”
The CCGC specifies the requirements for offering STREAK at blackjack tables.
“STREAK may be played only on tables displaying the approved STREAK table layout and equipped with one approved STREAK button for each player’s position. The button shall have distinctive markings as specified by MAO Gaming, and shall display the name or logo of the retail licensee offering the game.”
MAO Implies Penn Had Knowledge of Infringement
MAO asserts in the court filing that, based on the contracts with Ameristar Black Hawk, it would have been “impossible” for the operator or the venue to be unaware that a license from MAO was required to generate revenue from STREAK.
The filing states, “PENN’s conduct required it to engage in deceptive practices with the Colorado Gaming Commission and make inaccurate market statements about the alleged regulatory compliance of its casino operations. PENN’s statements regarding its core business endeavors were disclosed to the market under its reporting and transparency obligations as a publicly traded company.”
Black Hawk, Colorado, may be a small town, but it boasts the state’s largest gaming scene, which is the 10th-largest and fastest-growing in the US. With four publicly traded Black Hawk operators, including Ameristar/PENN, there are investment implications. The other operators are Bally’s, Caesars Entertainment, and Monarch Casino & Resort.