Gambling mark infringes

Two Community trade marks were infringements of an existing mark said the High Court in a case which turned on the similarity and likelihood of confusion over ‘32red’ and a figurative mark comprising ‘ 32 ’ and the word ‘red’ with ‘32vegas’ . All the marks were used in relation to online casinos. The allusion to roulette did not turn them into descriptive marks but just added a layer of reference, increasing their distinctiveness. The defendants’ argument, that the claimant’s recent UK registration for the number 32 was invalid, was dismissed. However this was not yet infringed as the claimant had not yet acquired a separate reputation in it.

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