Scientific Games, Inc. and New York Lottery Sued by Gameologist Group LLC for Willful...

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Mon Jan 12, 2009 6:00am EST

Scientific Games, Inc. and New York Lottery Sued by Gameologist Group LLC for
Willful Infringement on the BLING Trademark

NEW YORK, Jan. 12 /PRNewswire/ -- According to Balestriere Lanza PLLC, the
Gameologist Group LLC (Gameologist), a New Jersey based and minority-owned
small business filed a complaint in New Jersey Federal District Court, suing
the New York Lottery (the Lottery) and Scientific Games, Inc. (Scientific
Games), for infringing on its trademark.

(Photo:  http://www.newscom.com/cgi-bin/prnh/20090112/NY57178 )

Gameologist developed the lottery scratch off game BLING BLING(TM) (the Mark)
and duly registered the Mark with the United States Patent and Trademark
Office in 2003.  Gameologist met with representatives of Scientific Games in
2003 and had correspondence with the Lottery in 2004.  According to the
Complaint filed last month, both companies pretended that they were not
interested in the Mark, claiming, at the time, that it was "too ethnic" and
"did not meet lottery salability standards." Yet, the Complaint states that
over the following three years, the Lottery and Scientific Games conspired to
use Gameologist's Mark without entering into a licensing agreement with
Gameologist -- infringing on Gameologist's protected intellectual property.

According to the Complaint, in December, 2007, the Lottery released a new
instant scratch-off game called "BADA BLING," which was virtually an exact
replica of Gameologist's concept and utilized the dominant trademarked word
BLING.  Additionally, the new game was manufactured by none other than
Scientific Games, one of the Lottery's primary vendors.  The Complaint states
that upon discovering the infringement, Gameologist approached the Lottery to
resolve the situation amicably, seeking a reasonable licensing agreement for
the use of its Mark.  However, according to the Complaint, the Lottery
refused.  Instead, the Complaint says, they encouraged Gameologist to sue,
which the small business was forced to do.

Gameologist's lawyer, Craig Stuart Lanza of New York's Balestriere Lanza PLLC
said, "This small company is due millions of dollars in damages under the
Lanham Act.  This case is about two large companies stealing a small
business's protected property, believing, wrongly, that Gameologist would not
have the means to sue.  We look forward to pushing this case to trial to
obtain justice for Gameologist, and to give large companies pause before they
try stealing intellectual property developed by small, hard-working companies
simply trying to pursue the American dream."

Scientific Games (Nasdaq: SGMS) is a gaming company that focuses on printed
products, lottery systems, and diversified gaming.  Scientific Games is a
major player in the gaming industry, with a market capitalization of
approximately $1.7 billion and approximately 6,000 full-time employees. 
According to MDI's website, a subsidiary of Scientific Games, over three and a
half billion pull-tab lottery tickets have been printed to date for more than
seventy lottery jurisdictions, the value of which is approximately $12.7
billion.  Scientific, through its subsidiary MDI, has worked with lotteries
across the world, including the New York Lottery, to develop and print lottery
tickets.   

Gameologist Group LLC is a New Jersey based, game design company specializing
in casino style games and gaming products.  

Balestriere Lanza PLLC is a trials and investigations law firm.  They
represent individuals, companies and institutions in criminal and civil
matters in trial and appellate courts, in intense negotiations, during
arbitrations, and before grand juries, securities regulators, and government
agencies.  The firm is unique:  unlike most firms, they combine a complex and
sophisticated litigation background and hard-nosed negotiation experience with
the willingness and ability to push cases to trial and win.  Their offices are
located at 225 Broadway, Suite 2900, New York, NY 10007.




SOURCE  Balestriere Lanza PLLC

Craig Lanza, Balestriere Lanza PLLC, +1-212-374-5404, clanza@balestriere.net
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