Ex-western Pa. video poker king added to skill game trademark infringement suit
WILLIAMSPORT – The man once known as western Pennsylvania’s video poker king has been accused of being behind the scheme to sell counterfeit skill games, software and related components using another firm’s trademark.
The allegation against John “Duffy” Conley of Pittsburgh is contained in an amended complaint filed Thursday in U.S. Middle District Court in a trademark infringement, unfair competition suit.
POM of Pennsylvania, a Georgia firm that does business as Pace-O-Matic, claims Conley is the registrant of the Paskillvending.com website.
It accuses Paskillvending of intentionally using its Pennsylvania Skill trademark to promote and sell counterfeit machines, software and related components.
POM claims when it filed its initial complaint in March 2019 it was unable to determine the registrant for Paskillvending.com.
It was not discovered until December that Conley, not Elias Hanna of Irwin, was behind it, court documents state.
POM claims Conley is the true individual responsible for the matters at issue here and it has dropped Hanna as a defendant.
POM, which markets its games under the mark Pennsylvania Skill and others, obtained court permission to file an amended complaint to add Conley as a defendant.
Pursuant to a license agreement with Savvy Dog, another Georgia firm, POM says it is the exclusive licensee of the Pennsylvania Skill mark.
POM licenses its software to Miele Manufacturing Inc. of Williamsport, its distributor in Pennsylvania, which places skill game machines in businesses and establishments.
The suit, in which Savy Dog also is a plaintiff, contains images of POM and Miele machines along with one reportedly taken from the defendants’ webpage to show how closely they resemble each other.
POM claims its game is the only one whose legality under Pennsylvania law has been judicially confirmed.
Besides Hanna, up to 100 Joe Does and 100 XYZ companies were dropped as defendants, leaving only Paskillvending and Conley.
Conley was among those indicted in 1991 on gambling charges and he was charged again in 2006 with running an illegal sports betting operation, He was sentenced to prison in both cases.
The suit seeks unspecified damages and a permanent injunction to prevent the defendants from using the Pennsylvania Skill trademarks in any manner. It also seeks any profits realized by the alleged trademark infringement.
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