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Trademark Infringement a Sticky Area

Two online casino sportsbetting Web sites are in the clear right now thanks to a ruling by a French court that cleared the companies of trademark infringement. The French gambling and betting market is highly controversial right now because of regulations that slightly lean toward supporting a state monopoly. The European Commission is heavily pushing for the French government to pass new regulations for the land venues, online casinos, and betting sites. And as the French government begins to make legislative changes, some of the French courts are a bit confused as to where the law stands on certain issues.

This week the Paris Tribunal of First Instance ruled that the Bwin and Unibet are free and clear from all of the allegations from the Paris Saint-Germain (PSG) football club. Online casinos and betting sites are very pervasive – the French sports teams and clubs have had a hard time stopping foreign sites from accessing French gamblers. And while France is currently liberalizing the market, the restrictive legislation is still in place. Last month’s ruling in the French Tennis Federation case is highly controversial. The Paris Tribunal of First Instance courts ruled in the FTF case that the betting company was not able to offer bets on the FTF matches.

This latest ruling though, in regards to online casino football sportsbetting, contradicts the courts earlier ruling. The courts in this latest case dismissed the allegations that Bwin and Unibet were guilty of “commercial free riding” and trademark infringement because they used the PSG logo and information on their betting sites. The two cases are very similar and the two very different rulings has left some in the online casino gambling industry scratching their heads just a bit. Most assume that the FTF ruling will be appealed by the affected internet gambling companies.