32Red wins High Court injunction
High Court in London prevents William Hill Online from using 32Vegas trademark anywhere in the EU - judge orders WHO to publish judgement on several of its largest websites including Affiliates United.
William Hill Online (WHO) has been prevented from using the 32Vegas trademark anywhere in the European Union and must publish today’s judgement on several of its largest websites including WHO-owned Affiliates United, following a High Court injunction in London this afternoon.
Following a two-year trademark dispute that ended in 32 Red’s favour last month, a High Court judge today granted an injunction to online casino 32Red preventing WHO from using the 32Vegas trademark “ rebranded 21Nova since August 2009 “ anywhere in the EU. William Hill Online must also publish today’s judgement on some of its largest websites including its corporate website and Affiliates United, the 70,000 strong affiliate program for all of its brands.
The case will continue tomorrow when 32Red’s legal team will seek compensation from Britain’s largest bookmaker for what could amount to significant legal costs. Its lawyers will also ask the judge to determine the extent of damages the infringement may have caused to 32Red’s profits.
Today’s session in court 60 of the High Court in London began with the lawyer representing William Hill Online requesting the case be heard in private due to potentially commercially sensitive information being revealed in public, however the judge dismissed this argument and determined it should be heard in public because the “public had a right to know” his decision. No one from William Hill or William Hill Online was present in court.
Earlier this afternoon 32Red’s legal team told the judge that the 32Vegas name and trademark was still being used to drive traffic to the rebranded 21Nova site and argued that the site was still taking advantage of this. He also argued that the use of adwords on Google alongside large numbers of third party affiliate websites, were both driving traffic to the 21Nova site at the expense of the 32Red trademark. He added that various 32Vegas email addresses were “still alive” and that the 32Vegas name should be “pulled down” wherever possible.
“They [32Vegas] stopped using the 32Vegas name on their [William Hill Online’s] main site but carried on using subsidiary sites and that is why we should be empowered to launch an injunction”, he added.
The legal representative for William Hill Online countered by suggesting that 32Vegas had clearly rebranded to 21Nova and that WHO was unable to prevent third parties and affiliates from using and promoting the 32Vegas name. Despite owning and powering 70,000 strong Affiliates United, the lawyer claimed William Hill could not police every affiliate and prevent them from promoting 32Vegas, however the judge later granted 32Red an injunction.
The case continues tomorrow at 10am.