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32Red Plc (A Gibraltar Company) v WHG (International) Ltd and Other

[2011] ETMR 21

Case summary last updated at 01/02/2020 17:27 by the Oxbridge Notes in-house law team.

Judgement for the case 32Red Plc (A Gibraltar Company) v WHG (International) Ltd and Other

C ran online casino called ‘32Red’ which had high reputation. D created website called ‘32Vegas’ which was also an online casino. C sued for infringement. Held:
 
·       Is no need for direct evidence of change in economic behaviour as result of similarity.
·       Here, similarity between two marks mean consumers would be much more prepared to switch allegiance form 32Red to 32Vegas, or to play with 32Vegas in first place, than if there had been no similarity.
·       Thus there is change in economic behaviour.

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