Online Gambling News

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Two rivals release domains following 32Red court victory over William Hill Online.

AIM-listed online casino operator 32Red Plc has announced that two further operators of online casino websites have given up infringing domains and relinquished control of them.

This follows 32Red’s avowal that it would “continue taking steps to assert and protect its intellectual property rights” after its recent High Court victory against William Hill Online, which was operating a site called ’32Vegas’.

Now it’s been revealed that the owners of ’32Royal’ have transferred their web address to 32Red unconditionally, and that another gaming operator, Spin32, has changed the name of its business and transferred all domains containing the digits ’32’ to 32Red again without condition.

The strength of 32Red’s intellectual property rights were publicly and unequivocally confirmed in the case against William Hill Online. In a Judgment handed down in January by Mr Justice Henderson, after a six-day trial the previous October, the court upheld 32Red’s claim that 32Vegas, an online casino operated by William Hill Online under a joint venture between William Hill and Playtech, infringed 32Red’s European Community trade marks.

The judge also dismissed William Hill’s claims that the trade marks owned by 32Red (’32Red’ and ’32’) should be invalidated. He concluded that “the 32Red brand was highly distinctive”, and “enjoyed a strong reputation in the online gambling community”. Mr Justice Henderson added: “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’… the detriment to the distinctive character of the Community marks lay in the risk of a false association with 32Vegas, a brand with an inferior reputation which operated in the same marketplace”.

Ed Ware, CEO of 32Red Plc said: “We are happy to have these two other infringing domains safely under our control. The protection of an online entity’s intellectual property rights are 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”.

“We have had the imagination to create a distinctive and appealing brand in 32Red, and have invested millions in advertising it over nearly 10 years. We will continue to take action to protect our property and rights where necessary.”

City of London-based solicitors McDermott, Will & Emery represented 32Red throughout the
action with William Hill Online and continue to act for the Company in the upcoming Damages Inquiry and the appeal against the decision lodged by William Hill Online.

McDermott partner Hiroshi Sheraton added: “An effective strategy for enforcing IP rights is essential in building a strong brand like 32Red, particularly in the online world, which is often seen as a ‘soft target’. Although the decision to take legal action to protect a brand is never one that’s easily taken, particularly against an industry stalwart such as William Hill, the findings of the judge speak for themselves. It is reassuring that others are now taking notice.”

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eCOGRA eGAPs Revised to Meet Common Regulatory Trends

New requirements meet nine key European criteria for operators

The independent player protection and standards body eCOGRA has published a revised version of its widely respected Generally Accepted Practices (eGAPs) at www.ecogra.com/egap in a move that positions the organisation’s accredited operators at the forefront of European regulatory development.

The eGAPs provide a professional framework for safe, fair, efficient and responsible business activity and provide guidance for the 153 tier one online gambling sites accredited by the London-based organisation.

Andrew Beveridge, the chief executive of eCOGRA, says that the revisions have been undertaken mainly to ensure that eCOGRA’s requirements encompass the CEN Responsible Remote Gambling Measures, but that the eGAPs are also a comprehensive and valuable guide that will meet the appropriate requirements of most regulatory authorities.

"The regulatory landscape now evolving in Europe has seen a growing number of nations opting for a competitive but strictly regulated online gambling market, and decisions are likely to be increasingly informed by the required measures of the CEN Workshop Agreement which were framed earlier this year," Beveridge explains.

"By aligning our eGAPs with these recommendations, which cover nine key areas of activity, we not only provide a relevant and current roadmap to our accredited sites, but offer an expert framework useful to other operators committed to meeting requirements that are largely common to most regulatory initiatives," he added.

"Operators who have achieved eCOGRA seal status should comply with the latest developments for CEN Responsible Remote Gambling Measures."

CEN is the European Committee for Standardisation, one of three European Standardisation Organisations officially recognised by the European Union (http://www.cen.eu/). CEN inter alia draws up voluntary technical specifications, such as a CEN workshop agreement, to help facilitate a single market for European industry and consumers across its members in 31 European countries.

The 9 areas covered by the CEN Workshop Measures are:

• 1. The protection of vulnerable customers
• 2. The prevention of underage gambling
• 3. Combating fraud
• 4. Protection of privacy
• 5. Fair gaming
• 6. Accurate customer payments
• 7. Responsible marketing
• 8. Customer satisfaction
• 9. Safe operating environment

Some 134 detailed requirements under these headings are included in the recommendations and have been enshrined in the revised eCOGRA document.

The recommendations were developed through consensus across a wide range of remote gambling stakeholders – from experts on problem gambling and players to industry representatives and addiction and criminology academics – illustrating a real desire to work together to ensure that consumer protection issues are fully addressed as important EU developments unfold.

About eCOGRA

eCommerce and Online Gaming Regulation and Assurance (eCOGRA), an independent UK based organisation, is the leading supplier of compliance and advisory services in the areas of player protection, fair gaming and responsible operator behaviour to stakeholders in the remote gambling industry.

In 2011 alone eCOGRA will conduct almost 100 operator and software supplier compliance reviews against eCOGRA’s eGAP Requirements, the European Gaming and Betting Association (EGBA) Standards and various jurisdictional regulations. Monthly payout percentage and randomness reviews will be performed for over 300 remote gambling sites.

These services are provided to many of the industry’s leading operators, including 888, bwin, PartyGaming, The Palace Group, Ladbrokes, Unibet, Fortune Lounge, 32Red, Partouche, Expekt and BetClic.

About CEN

The European Committee for Standardization (CEN) is a business catalyst in Europe, removing trade barriers for European stakeholders such as industry, public administration, service providers, consumers and other stakeholders. Its mission is to foster the European economy in global trading, the welfare of European citizens, and the environment. Through its services CEN provides a platform for the development of European Standards and other specifications.

CEN’s 31 National Members work together to develop voluntary European Standards (ENs) in various sectors to build a European Internal Market for goods and services and to position Europe in the global economy. By supporting research, and helping disseminate innovation, standards are a powerful tool for economic growth. More than 60,000 technical experts as well as business federations, consumer and other societal interest organizations are involved in the CEN network that reaches over 480 million people.

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