Ladbrokes' legal victory against Swedish, Danish monopolies
Ladbrokes has defeated a law suit from Swedish state monopoly Svenska Spel, marking the second of two legal victories that have laid open the Swedish and Danish markets in the same month that the bookmaker was forced to drop its five-year case against laws protecting Norwegian monopoly Norsk Tipping.
LADBROKES HAS defeated a law suit from Swedish state monopoly Svenska Spel alleging that the British bookmaker had infringed its copyright, marking the second of two legal victories in as many weeks that have laid open two Scandinavian markets for marketing by commercial operators.
As reported on EGRmagazine.com, Svenska Spel filed a law suit against Ladbrokes in 2008 for breach of trademark laws in connection with the Ladbrokes advertising campaign “Swedish games with English odds,” claiming that only the monopoly can use the words ‘Swedish’ and ‘games’ in advertising and marketing.
Ladbrokes countered with a law suit against Svenska Spel for violation of the marketing act for the use of terms such as “Svenska Spel is a world leader in responsible gaming” and “the most effective age verification online.”
The Market Court in Sweden ruled today that Ladbrokes did not violate Swedish trademark laws.
It also ruled that although Ladbrokes did not manage to demonstrate that the use of statements such as ‘same game’ and ‘major gains’ in its advertising campaign of 2008 was relevant to the facts, and therefore contrary to the Marketing Act, Svenska Spel will face a penalty of SEK750,000 if these statements are used in future marketing activities.
Ladbrokes chief executive Christopher Bell said: “This case means that Swedish monopolies cannot extend their power to monopolise language. We will continue to highlight the consumer benefits of a competitive market in betting and gaming in contrast to disproportionate state monopoly laws and actions that restrict competition and choice.”
The ruling follows a week after the bookmaker won a near identical dispute with the Danish monopoly Danska Spil in the Maritime and Commercial Court in Copenhagen.
Danska Spil filed a lawsuit against Ladbrokes claiming a breach of primary trademark and marketing law in connection with Ladbrokes’ ‘Danish game, English odds’ TV advertising campaign last year, claiming that only Danska Spil can use the word combination ‘Dansk’ (Danish) and ‘spil’ (game) in advertising and marketing. However the court acquitted Ladbrokes and refused Danska Spil’s request for compensation. Danska Spil is understood to be considering an appeal against the decision.
The two rulings mean that Ladbrokes and other operators can now market their products freely against the state monopoly in both Sweden and Denmark. As reported on EGRmagazine.com, Ladbrokes has said it will apply for an online operating licence in Denmark if the licensing framework proposed by the Danish government goes ahead.
Elsewhere in Scandinavia, however, Ladbrokes today dropped its five-year case against laws protecting Norwegian monopoly Norsk Tipping following the ECJ ruling’s against Bwin in favour of Portuguese monopoly La Santa da Misericordi.