New York based Cosmopolitan magazine has its legal team working in an infringement lawsuit against a monetarily distressed hotel project in Las Vegas. Hearst Communications, Cosmopolitan Magazine main owner have declared that Cosmopolitan Resort developers and investors are confusing the public into thinking the project is somehow related with the famous women and fashion magazine. The $500,000 trademark infringement lawsuit was filed on Monday in U.S. District Court for the Southern District of New York against the Cosmo Senior Borrower LLC and 3700 Associates LLC. Both companies are currently developing a $3 billion Las Vegas hotel and casino using a name commonly related to the famous women's magazine.

Hearst wants the U.S. Patent and Trademark office to deny the name’s registration or cancel it plus all rights over the cosmolv.com domain name. The lawsuit  remarks Hearst’s right over the use of “Cosmopolitan” brand name, listing a wide variety of products and services related to the long-established and registered Cosmopolitan brand, including Cosmo and Cosmo Girl trademarks.

"Well after these marks became distinctive and famous, defendants began using its Cosmopolitan, Cosmo-based marks in commerce in ways that have actually diluted and are likely to dilute the fame and distinctiveness of Hearst Communications Inc's (HCI) Cosmopolitan, Cosmo and Cosmo Girl marks." said Hearst Communications in its lawsuit.

The defendants, Cosmo Senior Borrower LLC and 3700 Associates LLC are currently developing the Cosmopolitan Resort Casino, which is scheduled to open in Las Vegas by the first quarter of 2010. The new Las Vegas resort is planned to have 3,000 rooms, a casino, three wedding chapels, a 5-acre beach and pool area called “Cosmo Club”. According to Hearst Communications, the defendants tried to register two dozen trademarks using the words “Cosmopolitan” or “Cosmo”.

According to the lawsuit, the use of the Cosmopolitan and Cosmo brand names "demonstrates an intentional, willful and bad faith intent to trade on the good will of HCI's registered marks and to cause confusion, deception and mistake in the minds of customers and potential customers to the great and irreparable injury of HCI.”

Hearst has also asked the court to stop the use of its trademark names in all the advertising and promotional material that uses HCI trademarks.