Tuesday, April 27, 2010 | 8:52 a.m.
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A trademark dispute has erupted over the Stratosphere hotel-casino's new SkyJump Las Vegas attraction in which riders jump off the tower and fall 855 feet to the ground in a controlled descent.
Court papers filed Monday in Las Vegas show New York-based Adventech LLC has asserted it uses the “Sky Jump” name for a bungee trampoline. Adventech has demanded Stratosphere pay $350,000 for a perpetual license to use the SkyJump trademark in Las Vegas or $100,000 for a five-year license to use the trademark, court records show.
Stratosphere Gaming LLC responded to these demands Monday with a lawsuit filed in federal court in Las Vegas against Adventech.
Stratosphere says in its lawsuit it obtained U.S. rights to the SkyJump name from Jump Technics LV, a New Zealand company associated with Jump Technics Ltd., also a New Zealand company that since 2001 has operated a similar SkyJump attraction off Auckland's Sky Tower and that supplied the Stratosphere's ride.
Adventech, however, told Jump Technics in March that it was concerned about Jump Technics' use of the SkyJump trademark at the Stratosphere since Adventech has been using the Sky Jump mark for its trampoline in the United States for the past six years.
The Stratosphere noted in its lawsuit that the SkyJump ride involves people falling to the ground, while people use the Sky Jump trampoline to jump toward the sky.
“Adventech has not used or made sufficient use of the Sky Jump mark in commerce in Las Vegas to establish common law rights in the Sky Jump mark in Las Vegas,” the lawsuit charged.
“Adventech adopted the Sky Jump mark in bad faith with full knowledge of Jump Technic NZ’s famous SkyJump mark,” the suit charged.
“Adventech intentionally made false representations of material fact to Stratosphere Gaming in an effort to extort payment of exorbitant licensing fees,” attorneys for the Stratosphere complained in the lawsuit.
Adventech has not yet responded to the lawsuit.
It is virtually impossible to be anywhere in Las Vegas and miss the Stratosphere. It towers 1,149 feet above Las Vegas and is the tallest observation tower in the United States. The casino itself is 55,784 square feet and contains 950 slot machines, 120 game tables and 2,427 hotel rooms.
Of the hotel's 2,427 rooms, 909 were recently remodeled into Stratosphere Select rooms.
The Stratosphere is mostly known for its rides at the top of the tower. The Big Shot, located at the 113th floor, torpedoes riders up 160 feet using compressed air. X-Scream is a teeter-totter perched at the top of the observation deck — if that wasn't scary enough, the coaster arm flings the riders out 27 feet over the edge of the tower. Guests looking for something more sedate can just hang around the 107th floor and simply look at the scenery.