Online gambling operator successfully defends domain

News on 21 Jun 2011

Two rivals of UK online casino 32Red.com have given up their infringing domain names, according to a report in the marketing publication The Drum.
Both 32Royal and Spin32 have transferred all domain names containing the number ‘32’ over to 32Red unconditionally following the online casino’s success in defending its brand in the High Court in London against William Hill plc and Playtech plc site 32Vegas.
In the case, the judge dismissed the view that the ‘32’ trademark held by 32Red should be invalidated because “the 32Red brand was highly distinctive”, and “enjoyed a strong reputation in the online gambling community”.
“The goods and services covered by the Vegas signs were identical, and the degree of similarity between the signs and the Community marks was high, including in particular the initial ‘32,” said the judge, finding that this was to the detriment of the distinctive character of the Community marks due to the risk of a false association with 32Vegas, a brand that had an inferior reputation and which operated in the same marketplace.
32Red chief executive Ed Ware said this week: “We are happy to have these two other infringing domains safely under our control.
“The protection of an online entity’s intellectual property rights is vital to the wellbeing of any internet business, and as an entirely online enterprise, with no physical presence in our markets, this makes our brand, our domain name and our reputation pivotal to the success of the business”.

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