Beginning almost two years ago was a trademark dispute between 32Red and William Hill online casino. In August 2009, 32Red filed a lawsuit against William Hill for using the phrasing “32Vegas.” 32Red argued the phrase was too similar to their brand name, violating trademark rights. The casino also stated they were losing money because players were mistakenly wagering at 32Vegas believing it was 32Red.
The Hearing of the Case
On February 10th, 2011, the London High Court heard the case. The attorney representing William Hill requested the trial be held in private due to company information that was commercially sensitive. However, the judge dismissed this request, responding that the public had a right to hear these proceedings.
32Red’s Argument
Attorneys representing 32Red informed the high court that although the 32Vegas casino was rebranded as 21Nova, the name and trademark continued to be used to drive traffic to the website. The lawyer also argued that by using Google Adwords and affiliates, additional traffic was being pushed to 21Nova via 32Vegas. Additionally, the attorney recognized that 32Vegas emails addresses were being used.
William Hill’s Argument
On the other hand, William Hill lawyers disputed that since the name had been rebranded, it is no longer legally under the 32Red umbrella and is free to use. Further, that it was impossible for William Hill to prevent its 70,000 affiliates from promoting the casino name.
The Ruling
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After a few hours of litigation, the judge ruled in favor of 32Red online casino and granted an injunction which prohibited William Hill from using 32Vegas in the European Union. The judge further ruled that William Hill must publish the ruling on its largest websites as well as Affiliates United.
Financial Damages
The following day, court was back in session to discuss compensation to 32Red from William Hill. 32Red requested repayment for the legal costs as well as an evaluation of the damages set forth by the use of 32Vegas by William Hill. 32Red attorneys requested an immediate judgment while William Hill lawyers proposed a delay. The judge decided to release his decision in a notice two weeks from that day.
William Hill is required to disclose its financial performance of 32Vegas between January 1st and July 31st, 2009 in addition to the other brands that gained traffic via the 32Vegas website. Depending on the number, this could be financially crippling for the William Hill online casino group.
