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Company Appeals Trademark Decision

Cirque du Soleil is appealing an adverse Las Vegas court decision to the 9th Circuit Court of Appeals in San Francisco over the company's rights to the name "cirque."

Dream Merchant Co., the owner of Cirque du Soleil, sued a Florida company, Cirque Inc., in December 1999 in federal court in Las Vegas. Cirque du Soleil accused Cirque Inc., which performs similar circus-like shows for corporate events, of trademark infringement, trademark dilution and unfair competition under state and federal laws.

Cirque du Soleil claimed that its product had come to be known by the name "cirque" and that it was therefore a protectable trademark. Cirque Inc. had capitalized on the brand after Cirque du Soleil became popular, Cirque du Soleil said.

Cirque Inc. disagreed, arguing that "cirque" is a generic term and that the art form predates the arrival of Cirque du Soleil. U.S. District Judge Lloyd George last month dismissed the claims against Cirque Inc., saying generic terms aren't protectable under the law. "Cirque" is French for "circus."

Cirque du Soleil filed a notice of appeal with the court April 30.

Copyright © Las Vegas Sun. Inc. Republished with permission.

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