32Red wins trademark dispute
World Intellectual Property Organization ruling prevents California company Baysound LLC from using the 32x.com domain.
The World Intellectual Property Organization (WIPO) has found in favour of 32Red in the egaming operator’s trademark dispute with California company Baysound LLC over the 32x.com domain.
The domain had been held by Baysound since 2006, and has been used as an egaming affiliate portal, with WIPO noting in its findings that 32x.com had provided visitors with links to the sites of a number of 32Red’s rival operators.
32Red secured UK and European trademarks on the word 32 since 2009 and 2010 respectively, while its European Community trademarks for 32Red (word and figurative) date back to 2002.
The WIPO found that the domain was registered and used in bad faith, explaining: “It is unlikely that the Respondent, being involved in the online gaming industry and with casino gaming affiliates, was not aware of “www.32red.com” as an online gaming website in 2006 and that the choice of ” 32x”’ was merely coincidental.”
“The Panel’s view is that the Respondent intentionally acquired the Domain Name to attract, for commercial gain, Internet users to the Respondent’s website by creating a likelihood of confusion with the Complainant’s trade mark as to the source of the Respondent’s website and the gaming services provided therein,” it added.
Baysound has been ordered to transfer the 32x.com domain to 32Red subsidiary Trafalgar Media Ltd following the findings of the WIPO.
In February last year 32Red won a High Court injunction against William Hill Online over the 32Vegas brand used by the latter, concluding a case which had run for two years.
Following that judgement, William Hill Online was required to pay an initial £70,000 in costs after losing its appeal over the decision, while the operator was also forced to publish details of the judgement on its corporate and Affiliates United websites.