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A Fair Case

The announcement that Around Pacific, an online caisno gambling group based out of Australia, has lost a trademark infringement case with the Monaco based La Société des Bains de Mer et du cercle des étrangers à Monaco (La Société) could have some lasting and negative effects on the internet gambling industry. The fact of the matter is, despite the judge’s ruling in the case that the Casino-Monaco-Gold.com domain name must be turned over to the La Société, other online casinos contend that there was a bit of a misapplication of justice in the case. Under the ruling it is feasible that all of the domain names with the words “Monaco” and “Monte Carlo” could be brought to the courts for a trademark infringement case.

This is a worrying prospect for many of the top online casinos on the net – seven other gambling groups have sites using one of these two keywords in the brand identity. La Société’s main argument in the case is the fact that the government in Monaco granted La Société a land gambling monopoly in the late 1800’s. La Société contends that this monopoly is still in place (and it is within the land casino industry) and that the Casino-Monaco-Gold brand intentionally infringed on the highly respected name and brand.

The question now for the online casinos is really: “How far is La Société looking to take this issue?” There is no doubting the fact that the other seven other domain names under threat are highly profitable…a key argument for some of the other brands will lie within the fact that they have owned the domain names in question for nearly a decade in some cases and that particular brand name is no longer associated with the land gambling operations in Monaco but rather a unique online gambling brand.