The table game manufacturer, MAO Gaming, has brought legal action against Ameristar Casino Black Hawk based in Colorado. The casino is accused of unlawfully exploiting patented rights connected to MAO’s STREAK-branded blackjack game.
Allegations Leveled Against PENN for Deliberately Disregarding Contractual Obligations
Backed by a team of expert legal professionals, MAO Gaming lodged the lawsuit in the US Court for the District of Colorado. The lawsuit contends against the casino owned by Gaming and Leisure Properties and managed by PENN Entertainment.
According to MAO, despite nearly 15 consecutive years of “yearly license renewals” with Ameristar Casino, PENN Entertainment intentionally and knowingly disregarded its contractual duties and violated the intellectual property rights associated with the well-established STREAK brand.
As per the accusations by MAO, PENN Entertainment facilitated unlicensed STREAK blackjack table games, a game that MAO refers to as one of the most successful casino table games in the industry’s history. The lawsuit reveals that unauthorized usage of MAO’s trademarks has been taking place for two years despite explicit contractual clauses indicating STREAK as the exclusive property of the supplier.
Particular Specifications for STREAK Side Bet Tables
The violation centers around the STREAK side bet featured on blackjack tables that carry the MAO Gaming endorsement. Specifically, this side bet pertains to a wager on the consecutive instances of a player being dealt blackjack (21).
To add such a game to its slate, a casino must ensure that its blackjack tables are set up in compliance with certain deployment prerequisites.
The Colorado Casino Gaming Commission has outlined these conditions. Particularly, blackjack tables must display the authorized STREAK table layout while being fitted with an approved STREAK button corresponding to the seating of each player in the game.
The corresponding button must bear “unique markings as outlined by MAO Gaming” and also exhibit the logo or title of the licensed retailer providing the game.
Given the specificity of this information in their contract, MAO Gaming holds the position that “all parties ought to have been knowledgeable” of these conditions, especially considering that PENN’s primary operations involve casino gaming.
In the lawsuit, MAO’s legal representatives argue that Ameristar Casino/PENN acknowledged via their contract that all products carrying the STREAK brand were the exclusive property of MAO Gaming, and they could not use these without acquiring the requisite license.
Additionally, Ameristar is accused of indulging in “fraudulent practices” by making “misleading market statements” to keep using STREAK without formal consent.
Meanwhile, PENN Entertainment, in partnership with ESPN, is gearing up for the upcoming release of ESPN BET in November.