McDermott Secures a Significant Victory for 32Red
LONDON (January 24, 2012) — International law firm McDermott Will & Emery is pleased to announce that our London IP Litigation team secured an important victory in a European trade mark action in the Court of Appeal of England and Wales.
McDermott represented the owner and operator of the award winning 32Red online casino, against William Hill, one of the biggest names in the international gaming industry and owner of the 32Vegas online casino.
This is a high profile case of great value to the client as it relates to 32Red Plc’s core branding. William Hill’s 32Vegas business (which it acquired in a US$250 million transaction with Playtech) was alleged to infringe the 32Red's trade mark rights for “32Red” and “32”. It raised important points of principle, such as whether it is possible to claim a monopoly on a number and also addresses complex issues of trade mark use in the online environment, such as through adword campaigns.
Although 32Red was successful on several grounds at first instance in January 2011, the decision was subject to what the Court of Appeal described as a "full-scale, wide-ranging attack on the Judge’s analysis and conclusions on virtually every aspect of his judgment”. A key challenge was against the number mark "32" on the basis that a 2-digit number cannot be distinctive as a matter of trade mark law. Not only did the Court of Appeal find in 32Red’s favour on that point, it held that the 32Vegas signs infringed those rights. The Court of Appeal also supplemented the original judgment with a finding that William Hill had taken unfair advantage of 32Red’s well-known trade marks.
The McDermott team was led by London partners Hiroshi Sheraton and Rohan Massey with assistance from Désirée Fields and Anna Jones. McDermott instructed Michael Silverleaf QC and Tom Moody-Stuart.
“We are delighted that the Court of Appeal has upheld our client 32Red’s claims, said Hiroshi Sheraton, head of the Firm’s London Intellectual Property Litigation Practice Group. “This positive judgment follows two years of proceedings against William Hill and vindicates 32Red’s approach of brand building coupled with firm enforcement of its rights. This decision will be a further deterrent to other online casino operators from infringing on the company’s trade marks.”
“As highlighted by this recent judgment, we have a strong brand to protect, which is an invaluable asset to our business as a market leading online casino operator,” adds Ed Ware, CEO of 32Red. “McDermott, as our trusted legal counsel, helped us to achieve a great result in protecting our brand.”
About McDermott Will & Emery UK LLP in London
McDermott Will & Emery in London is long established and many of our partners are recognised as leaders in their fields. McDermott’s London office complements the Firm’s capabilities in Belgium, France, Italy and Germany. McDermott in Europe has a strong industry focus with clients in sectors such as commodities, energy, healthcare and life sciences, information technology, food and beverage, healthcare, manufacturing, media, sports and entertainment. McDermott’s London office was singled out for excellence in “Client Service” and “Commercial Awareness” for the practice areas of Employment and Intellectual Property in the Chambers UK 2012 Solicitors: a Client’s Guide. Chambers noted that our London IP team, “set extremely high standards for themselves, yet are skilled at quickly transforming ideas into practical applications."
About McDermott Will & Emery’s International Intellectual Property Practice
McDermott’s international intellectual property practice includes more than 190 lawyers and patent agents working in all of our offices worldwide. Our practice in procurement and licensing in the patent, trademark and copyright areas is recognized for its depth and breadth. The team’s intellectual property, media and technology advice is rounded off by client counseling and advice regarding trade secret, unfair competition, advertising, and entertainment and computer law. McDermott’s intellectual property litigation practice was ranked the fourth busiest overall Intellectual Property Litigation Firm in Corporate Counsel magazine’s Patent Litigation Survey 2011.
About McDermott Will & Emery
McDermott Will & Emery is a premier international law firm with a diversified business practice. Numbering more than 1,000 lawyers, the Firm has offices in Boston, Brussels, Chicago, Düsseldorf, Houston, London, Los Angeles, Miami, Milan, Munich, New York, Orange County, Paris, Rome, Silicon Valley and Washington, D.C., and a close strategic alliance with MWE China Law Offices in Shanghai.
