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Wednesday, January 30, 2008

Upon Further Review, the Las Vegas High Rise Condo Hotel Call Stands!

Yesterday's post on the Las Vegas high rise condo hotel property management company that's suing Trump generated a lot of email interest, so I decided to do a little more research into the situation. The first thing I did was to read the entire complaint - all 15 pages. Page 6 of the document has an interesting paragraph pursuant to the "Condominium Hotel Act" which provides a legal description of hotel condo units:

NRS 116B.325 Description of units. A description of the residential units and the hotel unit which sets forth the name of the condominium hotel, the file number and book or other information to show where the declaration is recorded, the county in which the condominium hotel is located and the identifying number of the units is a legally sufficient description of those units and all rights, obligations and interests appurtenant to those units which were created by the declaration or bylaws.
Now, I'm no lawyer, but it sounds as if plaintiff (Nights at Vegas) just wants to be able to use the Trump project name (and not any Trump trademarkings) to identify a particular condo hotel in which they are conducting business. Seems fair enough to me. If you're a car mechanic and your specialty is repairing Mercedes, you should be able to use the word "Mercedes" in your advertising. It's the same thing here only applied to real estate and high rise condo hotels.

Seems like a slam-dunk case that should go away quickly. But then again, like I said... I'm no lawyer!

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