TRADEMARK VICTORY FOR 32RED


Posted 1/21/11 : Court rules on trademark dispute against William Hill
 
Online gaming operator 32Red has confirmed that the High Court of Justice of England & Wales has delivered its judgment in the company's trade mark dispute against William Hill, the owners of 32Vegas online casino.
 
32Red reported this week that the court ruled in its favour, holding that the use of "32 Vegas" and "32V" infringe 32Red's European Community registered trade marks.
 
The court held that William Hill's 32 Vegas casino signs were sufficiently similar to 32Red's marks to cause a likelihood of confusion amongst consumers.
 
The court also held that William Hill's infringement caused detriment to the distinctive character and repute of 32Red's trade marks.
 
The court dismissed William Hill's counterclaim on the validity of 32Red's trade mark rights in the UK and European Community.
                                                                                                                                                                                                           
The judgment follows nearly two years of proceedings against William Hill. In the near future the court will make an order on the consequences of this result. Amongst other things, 32Red will ask for:
 
–     an injunction to prevent use of 32Vegas marks in the European Community
 
–     repayment of its significant legal costs
 
–     an inquiry to take place to assess the extent of damages or profits arising from the infringement.
 
Ed Ware, CEO of 32Red said:  "We are naturally delighted that the High Court has upheld our claims. This judgment firmly establishes our Intellectual Property Rights and should deter other operators from infringing our trade marks.
 
“As highlighted by the judge, we have an excellent reputation as an online casino operator and a strong brand – these are extremely valuable assets in any marketplace."