The now famous trademark victory achieved by online casino operator 32Red against the giant UK gambling group William Hill plc culminated in a massive GBP 1.1 million costs award this week, bringing to an end litigation that has involved the companies for the past four years or more.
The High Court found in favour of 32Red in January 2011, ruling that William Hill’s use of the 32Vegas brand from 31 December 2008 until August 2009 infringed 32Red’s trademark rights . William Hill subsequently re-branded the offending internet gambling website 21Nova.
In April the High Court awarded 32Red damages of GBP150,000 based on what the cost of licensing the brand would have been had an agreement been forged, leaving the “substantial” legal costs of 32Red still to be recovered, a situation that has now been redressed by the costs award this week.
Back in April 32Red management noted that: “The recovery of 32Red’s significant legal costs, which have previously been expensed, will be considered in a hearing to be held in the coming weeks and the company will update shareholders accordingly.”
William Hill has already paid GBP 800,000 towards 32Red’s legal costs, and the award will secure the balance.
The court actions were embarked on following attempts by 32Red to address the trademark infringement through legal “cease and desist” warnings, which had no effect, making litigation necessary.