Developers of the $550-million hotel under construction at 440 Summer St. said they’ll market it as the “Omni Boston Hotel at the Seaport” to avoid a trademark infringement claim by a rival property.

Publicity materials released by 440 Summer St. owner Massport and the developers at the hotel’s May groundbreaking had identified the new property as the Omni Boston Seaport Hotel.

But Fidelity Investments, owner of the Seaport Hotel and World Trade Center, filed a federal lawsuit claiming that the 1,050-room Omni hotel would create confusion with its own nearby property. 

A legal filing by the Omni development team defended the use of the word “Seaport” in the name.

“The famous Omni trademark is far better known than the Seaport Hotel, and Omni’s proposed name cannot credibly be considered an attempt to `trade on’ any of Fidelity’s rights,” attorney Joel Leeman of Sunstein Kann Murphy & Timbers wrote in a June 28 filing. “Rather, like other businesses in the area that use the generic term `Seaport’ in their name, the name of Omni’s hotel simply identifies its geographic location.”

Although the hotel won’t be completed until 2021, it is “critical to a successful launch” that Omni begin marketing the hotel immediately, Leeman argued.

No settlement has been reached in the lawsuit, Fidelity spokesman Vin Loporchio said this week.

The Massport board of directors will receive an update on the naming controversy during its meeting Thursday.

The hotel developers are also requesting some “minor modifications” to the ground lease with Massport to reflect public realm improvements which will be performed by the Massachusetts Convention Center Authority rather than the developers, said Jonathan Davis, CEO of The Davis Cos. which leads the Omni development team.

Massport Board To Discuss Hotel Name Change

by Steve Adams time to read: 1 min
0