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32Red Plc (A Gibraltar Company) v WHG (International) Ltd and Other [2011] ETMR 21

By Oxbridge Law TeamUpdated 04/01/2024 07:05

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

Table Of Contents

  • Claimant ran online casino called ‘32Red’ which had high reputation. Defendant created website called ‘32Vegas’ which was also an online casino.

  • Claimant 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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