32Red awarded £150,000 in Hills damages case
Reimbursement of legal costs relating to 32Vegas dispute will be determined at a later date
Gibraltar-licensed operator 32Red has been awarded £150,000 in damages following the conclusion of a six-day hearing relating to its trademark dispute with William Hill.
Reimbursement of legal costs incurred by 32Red during a dispute dating back four years will be determined at a later date, according to a statement made by the operator to the London Stock Exchange.
Proceedings were first opened in August 2009, following Hills’ use of the 32Vegas trademark, which 32Red suggested was confusing for players and may have led them to open accounts with Hills’ brand rather than the casino-focused operator. 32Red chief executive Ed Ware claimed at the time that William Hill had been “benefiting from [use of the brand]”, while his firm had been “losing out”.
“Mr Ware did try to suggest that high rollers at 32Red were treated the same way as other customers. They are not,” Hills’ lawyer Henry Carr QC, of Linklaters LLP, said on the final day of proceedings.
“His own witness statement, at paragraph 46, said that they were not, he had met with them on numerous occasions and they were invited to social events. Of course, the more contact you have, the less likely they are to be confused,” Carr added.
The High Court of Justice found in favour of 32Red in February 2011, with an injunction against Hills, preventing the operator from using the 32Vegas trademark anywhere in the European Union, following in February of that year. At that point, 32Red’s lawyers asked the judge to determine damages.
Carr went on to maintained that certain comments made by Ware were “a clear exaggeration” and an argument about restricting entry into different markets “Did not stand up on the evidence at all and nor has there been any attempt to quantify it”.
Last month Ware told eGaming Review he was “quite happy” with the progress of the six-day damages hearing, explaining “some interesting points were made with some interesting answers from the defendants”. He was not available for further comment at the time of writing.
32Red was represented in the hearing by McDermott Will & Emery UK LLP.